Defining an Accident

What is an Accident?

Every year, thousands of people are subjected to motorcycle accidents. Every driver has a duty to keep their own vehicle under control and drive in a responsible manner. The definition of an accident adopted by most state laws and insurance companies is an event that occurs when a driver loses control of their vehicle and causes a collision, damaging property or another vehicle. When an accident occurs, all parties are required to exchange insurance information, so that a claim for injuries and damages can be pursued. In no-fault states, each driver files a claim through their own insurance company. However, this does not limit a victim’s right to collect a settlement. Therefore, it is always best to consult with a personal injury attorney for legal advice if you have been in an accident.

Some common examples of motorcycle accidents include:

  • Collisions at intersections: Cars crossing the path of motorcyclists unknowingly.
  • Weather conditions: Motor vehicles changing lanes in poor visibility and cutting off cyclists to cause a collision.
  • Overtaking maneuvers: Cars crossing traffic to make a right-hand turn but not seeing the motorcycle.
  • Illegal turns: Cars making a left turn in cross traffic—an illegal left turn—and colliding with a motorcycle.
  • Road conditions: Large potholes in the road causing injury to the rider. Local authorities are responsible to ensure that public roads are in good condition.

What is not an Accident?

The term “lane splitting” refers to a two-wheeled vehicle that moves between the lanes of vehicles proceeding in the same direction. For example, when traffic moves slowly, or not at all due to congestion, motorcycles may pass other vehicles safely by using the middle of the lanes. In some states this is legal, but it remains a controversial issue. Motorists who have been sitting in traffic may be against the idea and be unaware of the state laws.

Here are some examples of what is not considered an accident:

  • When the driver of a car intentionally opens their door as a motorcycle passes their vehicle by lane splitting.
  • Vehicles running motorcycles off the road intentionally.
  • Drivers who fail to slow down when approaching a motorcycle, thereby causing a collision.

Intentionally causing injury or death to another person is a crime in every state and will be met with severe penalties. If you have been intentionally injured in a motorcycle accident, please contact U.S. Biker Law immediately.

Report the Accident Now

Anyone who has been involved in a motorcycle accident should consult with an experienced attorney as soon as possible. The laws in each state limit the amount of time you have to file a claim. This is known as a Statute of Limitations and can vary widely from state to state. For example, people filing a personal injury claim in Louisiana only have one year from the date of the accident, whereas the state of Maine allows up to six years for the victim to pursue damages. Fill out the form on our Report Accident Now page, and get assistance immediately, so that you don’t limit the options that are available to you. After filing your report, we will contact you as soon as possible.

Remembering 9/11

We, at US Biker Law, will always remember the brave men and women who risked their own lives to save others during the September 11 attacks.

Prager Microsystems, Inc.

We thank Prager Microsystems, experts in custom web development and SEO, for designing and marketing our website. This was a special project to commemorate the events of 9/11 and allow everyone with motorcycle related accidents to reach us.

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