Riding a motorcycle can be an exhilarating experience, offering a sense of freedom and connection to the road that’s hard to match. However, this freedom comes with inherent risks.

Understanding when and why motorcycle accidents are most likely to occur is key to staying safe. This knowledge from a Austin motorcycle accident attorney helps riders determine liability in case of an accident.

The Most Common Times for Motorcycle Accidents

Contrary to what many might assume, motorcycle accidents don’t always happen late at night or in poor weather conditions. In fact, a significant number of accidents occur during what might be considered “ideal” riding conditions. Let’s go into the specifics of when most motorcycle accidents take place.

Weekends and Summer Months

Motorcycle accidents are more frequent during weekends, particularly in the summer months. This trend is likely due to increased recreational riding during these times. The pleasant weather and free time encourage more riders to hit the road, which unfortunately leads to a higher number of accidents.

During summer weekends, roads are often busier, with a mix of regular traffic and vacationers. This increased traffic density can lead to more potential conflict points between motorcycles and other vehicles. Additionally, some car drivers may be less accustomed to sharing the road with motorcycles, especially in areas with a surge in motorcycle traffic during warmer months.

Afternoon and Early Evening Hours

Surprisingly, most motorcycle accidents occur during daylight hours, specifically in the afternoon and early evening. Between three PM and nine PM, the highest number of motorcycle accidents is recorded. Several factors contribute to this phenomenon:

  • Rush Hour Traffic: As people leave work and head home, roads become congested. This increased traffic leads to more opportunities for collisions.
  • Driver Fatigue: After a long day at work, drivers may be less alert and more prone to mistakes.
  • Sun Glare: During certain times of the year, the setting sun can create significant glare, making it harder for drivers to see motorcycles.
  • Increased Alcohol Consumption: As the workday ends, some individuals may consume alcohol before driving, impairing their judgment and reaction times.

The “100 Deadly Days of Summer”

The period between Memorial Day and Labor Day is often referred to as the “100 Deadly Days of Summer” due to the spike in traffic accidents, including those involving motorcycles. During this time, there’s an increase in road trips, vacations, and general travel. More vehicles on the road, combined with an uptick in motorcycle usage, create a perfect storm for potential accidents.

Common Scenarios Leading to Motorcycle Accidents

Here are some of the scenarios that commonly lead to dangerous motorcycle accidents:

Left-Turn Accidents

One of the most common and dangerous situations for motorcyclists occurs when a car makes a left turn in front of an oncoming motorcycle. This scenario accounts for a significant percentage of motorcycle accidents.

It often happens because:

  • The car driver fails to see the motorcycle.
  • The driver misjudges the motorcycle’s speed or distance.
  • The driver is distracted or not paying full attention to the road.

Car drivers must be extra cautious and always double-check for motorcycles before turning left.

Lane Changing and Merging

Accidents often occur when cars change lanes or merge without noticing a motorcycle in their blind spot. Motorcycles’ smaller size makes them easier to miss in mirrors or quick glances.

Rear-End Collisions

While rear-end collisions are common among all vehicles, they can be particularly dangerous for motorcyclists. A relatively minor bump from behind can have catastrophic consequences for a motorcycle rider.

These accidents often happen when:

  • A driver is distracted (e.g., using a phone)
  • Traffic suddenly slows or stops
  • A driver misjudges the distance needed to stop

Road Hazards

Road conditions that might be minor inconveniences for cars can pose significant dangers to motorcycles. Potholes, gravel, wet leaves, and uneven road surfaces can all cause a motorcyclist to lose control. These hazards are particularly dangerous when encountered unexpectedly, such as around a blind corner.

Regular road maintenance by local authorities can help mitigate these risks.

Visibility Issues

Motorcycles’ small profile makes them inherently harder to see on the road. This issue is compounded during times of low visibility, such as dawn, dusk, or inclement weather.

Lack of Protection

Unlike car occupants, motorcyclists don’t benefit from a metal cage, airbags, or seatbelts. This lack of protection means that when accidents do occur, the consequences for riders are often more severe. Wearing proper protective gear, including a DOT-approved helmet, can significantly reduce the risk of serious injury or death in the event of an accident.

Alcohol and Drug Use

Impaired riding is a significant factor in many motorcycle accidents. Alcohol and drugs affect judgment, reaction time, and balance – all skills necessary for safe vehicle operation.

Failure to See Motorcycles

One of the most common phrases heard after a car motorcycle collision is, “I didn’t see them.” This is often due to negligence on the part of the car driver. The human brain actively seeks out larger vehicles, and motorcycles can sometimes slip under the radar of even attentive drivers. This phenomenon, known as “inattentional blindness,” highlights the need for all road users to actively look for motorcycles.

Misjudging Speed and Distance

Even when drivers see motorcycles, they often misjudge their speed and distance. This can lead to dangerous situations, particularly when cars turn or merge. Motorcycles’ smaller size can make them appear farther away than they actually are, leading drivers to pull out or turn when it’s not safe to do so.

Distracted Driving

The rise of smartphones and in-car entertainment systems has led to an increase in distracted driving. While this affects all road users, it’s particularly dangerous for motorcyclists. A moment of distraction can mean a driver fails to notice a motorcycle, with potentially catastrophic consequences.

Aggressive Driving

Unfortunately, some drivers exhibit aggressive behavior towards motorcyclists. This can include tailgating, cutting off motorcycles, or failing to give them adequate space on the road. Such behavior not only increases the risk of accidents but also creates a hostile road environment that can lead to further conflicts.

Legal Considerations in Motorcycle Accidents

Understanding the legal implications of a motorcycle accident is important for all parties involved. A motorcycle accident attorney can provide valuable assistance in this area.

Determining Liability

Defining who was at fault is a key consideration in any accident. This process can be more complicated in motorcycle accidents due to factors like visibility and common misconceptions about motorcyclists. A motorcycle accident lawyer can help gather and analyze evidence to establish liability accurately.

Dealing with Insurance Companies

Insurance companies often try to minimize payouts, and they may be particularly skeptical of claims involving motorcycles due to the higher risk associated with riding. A motorcycle accident lawyer can negotiate with insurance companies on behalf of the injured party, ensuring fair treatment and appropriate compensation.

Understanding Motorcycle-Specific Laws

Many states have specific laws for motorcycles, such as helmet requirements and lane-splitting rules. A motorcycle accident attorney understands these laws and their implications for a case. They also navigate insurance complexities and advocate for fair compensation, drawing on professional networks like accident reconstruction specialists. Consulting a motorcycle accident lawyer can greatly improve a rider’s chances of a favorable outcome in their case.

Calculating Damages

Motorcycle accidents often result in more severe injuries than car accidents, leading to higher medical bills, longer recovery times, and potentially permanent disabilities. A motorcycle accident attorney can help calculate the full extent of damages, including future medical expenses and lost earning capacity.

Representing the Rider’s Interests

Unfortunately, there’s often a bias against motorcyclists in accident cases. Some people assume that riders are inherently reckless or that they assume the risk of injury by choosing to ride. A motorcycle accident attorney actively counters these biases to ensure fair representation of the rider’s side of the story.

Damages Available to Injured Motorcyclists

motorcycle lying on the roadWhen a motorcyclist suffers an injury in an accident, they may be entitled to various types of compensation, also known as damages. These damages aim to financially compensate the injured rider, striving to restore them to a “whole” state as much as possible. Understanding the types of damages available can help injured motorcyclists seek appropriate compensation for their losses.

One of the primary forms of compensation available to injured motorcyclists is reimbursement for medical expenses. This category can include emergency room visits, hospital stays, surgeries, prescription medications, physical therapy, rehabilitation costs, medical equipment, and future expenses related to the injury. It’s important to note that this compensation should cover current and future medical expenses related to the accident. A motorcycle accident lawyer can work with medical professionals to estimate the cost of ongoing or future treatments.

If the injury from the motorcycle accident prevents the rider from working, they may be entitled to compensation for lost income. This includes the income lost during the initial recovery period and any reduction in earning capacity due to long-term or permanent injuries. In cases of severe injuries that prevent the motorcyclist from returning to their previous occupation, damages may include compensation for the difference in salary between their old job and any new, lower-paying job they must take due to their injuries.

Unlike medical expenses and lost income, economic damages, such as pain and suffering, fall under non-economic damages. This compensation aims to address both the physical pain and emotional distress caused by the accident and subsequent injuries.

When calculating pain and suffering damages, factors considered include:

  • The severity of the injury.
  • The length of recovery.
  • Any permanent disability or disfigurement.
  • The impact on the motorcyclist’s quality of life.

Calculating pain and suffering damages can be difficult, and a motorcycle accident lawyer can help ensure that these less tangible losses are properly valued.

Serious motorcycle accidents can result in injuries that prevent the rider from engaging in activities they once enjoyed. This can include hobbies, sports, or even simple daily activities. Compensation for loss of enjoyment of life acknowledges the impact of the injury on the motorcyclist’s overall quality of life.

In addition to personal injury damages, motorcyclists can also seek compensation for damage to their motorcycles and other personal property. This may include the cost of repairing or replacing the motorcycle and any damaged gear or personal items involved in the accident.

In some cases, particularly those involving intentional misconduct or negligence on the part of the at-fault party, courts may award punitive damages. These damages are not meant to compensate the injured motorcyclist but rather to penalize the defendant and discourage similar conduct in the future. Punitive damages are relatively rare and typically only awarded in extreme cases.

In the tragic event that a motorcycle accident results in a fatality, the deceased rider’s family can pursue a wrongful death claim. Damages in these cases can include:

  • Funeral and burial expenses.
  • Loss of financial support the deceased may have provided.
  • Loss of companionship and emotional support.
  • Medical expenses incurred before death.

Injured motorcyclists must keep thorough documentation of all accident-related expenses and impacts to ensure the best chance of receiving full and fair compensation. This includes medical bills and records, proof of lost income, receipts for out-of-pocket expenses, and a journal documenting pain levels and how the injury affects daily life. A motorcycle accident lawyer can guide you on what documentation is most valuable for your case and help gather the necessary evidence to support your claim for damages.

Seek Proper Legal Representation from a Motorcycle Accident Lawyer

If you or a loved one has experienced a motorcycle accident, remember to seek proper legal representation. A motorcycle accident lawyer can provide the guidance and support needed to move on from the accident, ensuring your rights are protected and you receive fair compensation for any injuries or damages.

Don’t hesitate to reach out to a motorcycle accident lawyer for a consultation. Your safety and rights matter, and having knowledgeable legal support can make a significant difference in the outcome of your case. Contact a motorcycle accident lawyer today to take the first step towards protecting your rights and securing your future.

Speak to a Knowledgeable Motorcycle Accident Lawyer Right Away

Ted Lorenz, Attorney for Personal Injury

Ted R. Lorenz, Motorcycle Accident Attorney

If you recently sustained injuries in a motorcycle accident, you need to retain experienced legal counsel to represent you right away. If you wait too long, the statute of limitations may prevent you from filing a lawsuit in court and recovering the damages you deserve.

An experienced personal injury lawyer in your area can file a timely claim or lawsuit, aggressively negotiate with the insurance company adjuster, or litigate your case to a favorable resolution in the state court system.

Never wait to seek the legal support you need to obtain full compensation for your losses. The right lawyer is standing by to help you today.

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