Home » Seniors Articles » Motorcycle Rider Rights Following an Accident
Motorcycle Rider Rights Following an Accident
As the summer months begin to heat up, more riders start dusting off their bikes and taking them for a ride on San Jose's roadways. Unfortunately, the more motorcycles on the road, the greater the odds of these riders being involved in accidents.
June 24, 2009 /Seniors PR News/ -- Motorcycle Rider Rights Following an Accident
Article provided by the Law Office of John J. Garvey, III. Please visit our Web site at http://www.johngarveylaw.com
Injuries after a Motorcycle Accident
As the summer months begin to heat up, more riders start dusting off their bikes and taking them for a ride on San Jose's roadways. Unfortunately, the more motorcycles on the road, the greater the odds of these riders being involved in accidents.
Even the most minor of accidents can have devastating results for riders and their passengers, who may suffer paralysis and brain damage as a result. While California does have mandatory helmet laws for those operating motorcycles on the state's highways, a helmet will not prevent brain injuries or serious injuries to the body from occuring - especially when a motorcycle is involved in an accident with a car.
Some of the more common types of injuries caused in motorcycle accidents include:
• Traumatic brain injuries (TBI)
• Paralysis
• Broken bones, including limbs, spine and skull fractures
• Burns, road rash and other abrasions
Traumatic brain injuries are one of the most serious types of injuries that motorcyclists may suffer following an accident. TBI is used to describe a wide-range of brain injuries that vary in severity. TBIs can be open head injuries or closed head injuries. They can lead to paralysis, seizures, loss of certain bodily functions or even death. Symptoms from a TBI may show themselves immediately or within hours of the accident. In some cases, the symptoms may develop more slowly over time and it can be weeks or months before the injury is properly diagnosed.
Some examples of TBIs include:
• Epidural hematoma: the injury fractures the skull, tearing an artery in the brain. This causes rapid bleeding and accumulation of blood on the brain. The injured person may appear normal for the first few hours following injury. If left untreated, it will lead to permanent brain injury and/or death.
• Subdural hematoma: veins surrounding the brain are stretched and torn by the head injury, but the skull is not fractured. Just like epidural hematomas, blood collects on the brain, compressing brain tissue and causing injury. It may take a couple of hours following the injury for symptoms to show.
• Brain contusion: otherwise known as a brain bruise, contusions are likely to develop at the point of impact following an accident. They also can occur from whiplash when the brain collides with the front, back or either side of the skull. Brain contusions normally can be detected by a CT scan.
• Diffuse axonal injuries: one of the most common types of severe brain injuries in which the injury actually rips "wires" (white matter tracts) in the brain. These injuries generally are caused when the head is rapidly accelerated or decelerated from the force of the accident. They often lead to comas and may leave the injured person in a persistent vegetative state. Immediately following the injury, the person may have problems thinking and concentrating.
In some instances, the injured person may not even be aware he or she has suffered a brain injury. Sometimes, a brain injury will not show up on diagnostic tests, like CT scans. With some closed brain injuries, those closest to the injured person may notice changes in personality and temperament. Those with TBIs often suffer from agitation, severe mood swings, memory loss and difficulty concentrating. Other common symptoms of brain injuries include:
• Confusion
• Dizziness
• Drowsiness
• Severe headaches
• Nausea and/or vomiting
• Lack of muscle coordination, trouble walking or balancing
• Numbness
• Slurred speech
• Loss of consciousness, even for a short period of time
While many motorcycle accidents will result in serious and obvious injury to the motorcycle rider and any passengers, it is necessary that anyone involved in an accident - no matter how minor it might seem - seek medical attention. TBIs are not always obvious. But the longer someone with a brain injury waits to see a doctor, the greatest chance there is that permanent injury or death could result.
Causes of Motorcycle Accidents
Motorcyclists are not like any other motor vehicle drivers. They are not protected by thousands of pounds of reinforced steel and airbags. The only protections they have are their helmets and any protective clothing, eyewear or other covering they may wear while they ride.
Motorists, then, should use extra caution when approaching motorcycles and give them wide berth. But many drivers fail to do this and accidents happen. One of the most common causes of vehicle-motorcycle crashes is motorists who fail to check their blind spots before merging or switching lanes on the highway or interstate. Many fail to follow at safe distances or cut riders off when passing them. On city or town roads, drivers may pull out in front of motorcycle drivers or perform a left-hand turn in front of them, causing an accident.
It is so important for drivers to be aware of motorcycles and share the road with them. When they don't and an accident happens, the motorcycle rider is the one likely to suffer the brunt of the injuries, or even death.
Know Your Rights
Following a motorcycle accident, the injured person and their family may not be sure whether or not they should contact an attorney to represent them. This may be the first accident they have ever been in and they do not realize the long months ahead of them as they try to square away claims with insurance companies, get their bike repaired or replaced or deal with the possible repercussions if they are found partly at fault for the accident.
An experienced personal injury attorney can make this process run much more smoothly than it might otherwise. He or she can act as a liaison between the injured person and the insurance companies - including the motorcycle rider's own company as well as the driver's insurance company. Insurance companies will not advocate for the rights of those they insure. Their first priority is protecting their own interests. The attorney's job is to protect the client's best interests. He or she will handle all communications with the insurance companies and make sure the injured person receives all of the benefits and compensation he or she is rightfully owed as the victim of an accident.
The attorney can also determine whether the injured person has any potential legal claims against the party responsible for the accident, including a personal injury action. When motorcycle riders are injured because of another driver's negligent or careless acts, they are entitled to recover damages for their injuries. The medical costs alone of an injured motorcyclist can be astronomical - especially if the person requires life-long care and treatment. Other potential damages include lost wages, repair or replacement costs for the bike and compensation for pain and suffering.
A personal injury attorney also can file a wrongful death claim if the accident results in the death of the motorcycle rider or a passenger. Unfortunately, death of the motorcyclist is the end result of too many motorcycle-motor vehicle crashes. Even though a lawsuit will never be able to bring back a lost loved one, it can be a means to hold those responsible accountable for their actions.
Article provided by the Law Office of John J. Garvey, III. Please visit our Web site at http://www.johngarveylaw.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
PR Dept
Website: Visit Our Website |
|
|
|
|
|
|
Advertise With Us |
About Us |
Contact Us