Registered owners of these types of motorcycles are four times more likely to die in a motorcycle accident than drivers of other types of bikes. What do these statistics mean for you? For starters, auto insurance companies understand the dangers associated with owning a motorcycle, so auto insurance premiums will typically cost more for bikes than automobiles and trucks. Additionally, motorcycle accident claims are quite a bit hairier. As a result of the sheer number of motorcycle accident compensation claims each year, it should come as no surprise that insurers will analyze your claim with a fine-tooth comb.
So, the answer to who might be responsible for injuries suffered during a single person motorcycle accident depends on a number of factors as there are multiple issues and potential liabilities. For starters, if you were in a motorcycle accident and protective equipment or any part of the bike failed, your accident claim will involve product liability as well as personal injury. You should have an attorney check the warranty on your bike, the tires, and the helmet as well as any paperwork by a dealer or service station that may have serviced the bike before the accident.
Environmental issues such as potholes are another facet of motorcycle accident cases. Potholes, debris, and even other vehicles are more dangerous for someone riding a bike than someone driving a car or truck. Government entities are responsible for maintaining highways and roads under their jurisdiction in a reasonably safe condition. You will have to do some research to uncover the name of which government body is responsible in the area where the accident occurred. Unfortunately, there may be more than just one. When it comes to highways, responsible government bodies may include a county, state, or even the federal government if it is an interstate highway.
If you are filing a accident claim against the government, many municipalities or government entities require a written claim to be filed with them within a short period of time (usually three or six months from the date of the accident) prior to any lawsuit being filed. Moreover, in some areas, the local government must have written notice of the dangerous condition before it can be held responsible.
Government entities may have immunity against lawsuits other than for actual costs, or they may have limits for damages. Though government entities may claim immunity, you may still name them in a motor accident compensation claim. You may sue them for negligence and for pain and suffering as with any other case, if they are at fault. Examples include an accident that results from poor highway design or if a traffic light was not working at the time of the accident. Just because the government's attorney clings to an immunity defense does not foreclose your case. Please contact an attorney to investigate your options.
In a serious accident, there is also an issue referred to as "deep pockets." This means that whomever has the greater ability to pay on such an accident will likely be the best target. An attorney will likely take aim at several different potential defendants. When there are several others that may have liability, you will file a claim under the liability insurance of each party. It is not necessary for you to figure out which insurer will pay first and how much they pay. The insurance companies will decide the pecking order.