The Rights of Motorcycle Riders involved in Motorcycle Accidents

The Rights of Motorcycle Riders Involved in Motorcycle Accidents

It is important to have an idea of the rights of motorcycle riders in case of accidents. Often, it is assumed motorcycle accidents are caused by the rider's negligence. It is hugely important to understand the ins and outs of accidents involving motorcycles, implications for the riders, as well as the involvement of the other vehicles. Get to know the rights of injured motorcycle riders involved in motorcycle accidents in the article below.

The Rights of Motorcycle Riders in AccidentsLawsuits Against Motorcycle Accidents
The Rights Of Motorcycle Riders Involved In Motorcycle Accidents

Lawsuits arising out of motorcycle accidents often involve allegations where the motorcyclist's own negligence, in some way, caused or contributed to his or her injuries. It is important an experienced motorcycle attorney is familiar with the rules and regulations involving motorcycles, their riders, and other motor vehicles.

Given the general bias against motorcyclists, no matter whether a motorcyclist is a plaintiff or defendant in an injury case arising out of an accident, there are frequently issues as to the motorcyclist's potential negligence and his or her role in causing the injuries. This is why cases involving motorcycles are often more difficult and complicated than cases involving automobiles.

Motorcyclist's Right

Motorcycles are lawful vehicles and their rights on the highways and roadways are the same as automobiles. As a general rule, owners and operators of motorcycles have the right to use the public highways on an equal footing with the owners and operators of other vehicles. A motorcyclist has neither a greater nor lesser right than any other motorist and the same general principles governing their rights on roadways applies.

Biased Perception

Many injury claims arise from motorcycle accidents. And more often than not, the motorcyclist appears to the plaintiff, despite a bias where motorcyclists cause more accidents than they are a victim of. This is probably due to the fact where most motorcycle accident cases involve a collision with another motor vehicle which is considerably larger and heavier than a motorcycle, such as an automobile or truck.

A biased perception exists that motorcyclists drive too fast and too unsafely, and therefore, are the causes of many accidents. This simply isn't true. Unfortunately, it is the motorcyclist who generally suffers the most severe injuries in these accidents. Obviously, protection is greater when riding four-wheeled vehicles as opposed to two-wheel motorcycles without any enclosure, too.

Motorcycle Definition

The term "motorcycle" is defined as a two-wheeled automotive vehicle. Sometimes, it has one or two riding saddles, and sometimes, having a third wheel for the support of a sidecar. Yet, it should be noted that while it is questionable whether a motorcycle constitutes an automobile within the strict definition of the term, the overwhelming weight of authority supports the view where a motorcycle is a motor vehicle within the meaning of statutes and ordinances regulating the operation of such vehicles.

The Law Offices of Edward A. Smith are experienced motorcycle accident attorneys expert in motorcycle rules and regulations.

Call us anytime for free, friendly advice. Sacramento 916.921.6400.  Or contact us online.

You can also learn more about us on Yelp and Avvo.

The rights of motorcycle riders may differ from other automobile drivers. So, one should look for a lawyer experienced in motorcycle accident cases. Check out this video by Edward Smith to know what one should look for in a motorcycle accident lawyer:

The simplest way to find out the rights of motorcycle riders in accidents is to consult with an experienced lawyer. Remember to keep pursuing if the first attorney you talk to declines to represent you. One attorney may see a claim worth pursuing while another may not.

Proud member of the Million Dollars Advocates Forum
See our Past Verdicts and Settlements page
Member of the Top 1%

Featured Image via Orientaly / Shutterstock.com

JC

Client Reviews
Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed! Alex & Dinah M.
★★★★★
Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation. Beverly
★★★★★
Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything. Annie T.
★★★★★
Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime. Jeremy M.
★★★★★
I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone. Shannon D.
★★★★★
Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury. David M.
★★★★★