Steven A. Bagen | December 23, 2024 | Motorcycle accident
Understanding your rights and responsibilities on the road is necessary to ensure your safety as a motorcyclist. One common question is whether motorcycles have the right of way in certain situations. While the answer may vary depending on the specific circumstances, it is crucial to have a solid understanding of the general rules.
The legal case involving any motor vehicle accident will likely come down to who had the right of way at the time of the crash. The driver who did not have the right of way is usually the one who is liable to pay damages to the injured party. Although a motorcycle may be smaller than a passenger vehicle, these same rules apply to bike accidents. If you are an injured motorcyclist, and you can prove that the driver failed to yield the right of way or that they impeded yours, there may be a potential legal case that gives you the right to financial compensation.
However, only some motorcycle accidents are cut-and-dry, and there may be a genuine dispute over which party had the right of way. You should never assume liability based on the circumstances of your accident. Instead, you need to back up your claims with evidence before the insurance company is willing to pay you a dollar. When you hire a Palatka motorcycle accident attorney, they can investigate your accident and begin to build a case. They can also protect you if the insurance company tries to blame you for the accident, which may reduce or eliminate your compensation.
Motorcyclists and Drivers Need to Know Who Has the Right of Way
Both drivers and motorcyclists must know the traffic laws pertaining to bikes. A driver has a legal obligation to share the road with a motorcyclist, and the fact that the driver does not know the law is not an excuse to cause an accident. Drivers should understand the traffic laws every time they get behind the wheel. At the same time, motorcyclists must also know the law because they will not get the benefit of the doubt in any accident when they seek to file a claim or lawsuit. Even the slightest mistake can cost them the ability to receive compensation for their injuries.
One can never assume that a motorcyclist can maneuver their vehicle more effectively than a car or that they can avoid any possible hazard on the road. While a motorcycle is agile, it is not necessarily more maneuverable than a car.
You can think of a motorcycle as the same as any other vehicle in traffic. The law allows a motorcyclist to occupy a lane in traffic the same way a car would. At the same time, a motorcyclist must follow all traffic laws that apply to any other driver. Some additional laws that a motorcyclist must comply with can include mandatory helmet requirements (depending on the state) and prohibitions on lane splitting and filtering.
Motorcyclists Must Follow the Same Rules as Drivers
Since a motorcyclist has the same status as every other car on the road, the biker has the right of way on some occasions and has to yield it to others. The standard traffic laws apply to motorcyclists on every occasion.
When one is on their motorcycle, they have the right of way in their lane when they are already in it, and another driver cannot try to cut into the lane. At the same time, motorcyclists need to be careful when they change lanes and respect the driver’s space when they are the ones who are in traffic.
The same principle applies to merging. If the motorcyclist is in the right lane (or the left lane when the merge is on that side), they have the right of way. A driver will have to wait for a break in traffic to merge into the lane. If the motorcyclist tries to merge, they must wait until the lane is clear because the driver has the right of way.
Other standard rules also apply to motorcyclists. When at an intersection, motorcyclists must stop at traffic lights and stop signs. If they are the first one to a stop sign, they have the right to proceed. If a four-way stop sign exists, they must alternate with other cars to determine who can go through first.
Regarding pedestrians, motorcyclists do not always have the right of way. The motorcyclist must yield to the pedestrian if there is a marked or unmarked crosswalk. Even if they have a green light, they must still yield to the pedestrian when turning, and the pedestrian has the right of way. However, if there is no crosswalk or intersection, the motorcyclist has the right of way and is not legally responsible if there is an accident.
What Happens if You and the Driver Have Conflicting Stories?
It is not always apparent who had the right of way immediately after a crash. The driver may try to point the finger at you because they know of their potential liability. This situation is a “truth contest;” you must break the deadlock to qualify for financial compensation. You need evidence that backs up your side of the story. Although you may know what happened, it is only about what you can prove in a motorcycle accident case.
Objective witness testimony is the best way to resolve any differences in stories. Then, the police officer who showed up at the scene may reach their own conclusion depending on what they heard or saw. Still, the police report is only persuasive for the insurance company (it is hearsay and not admissible in court).
The Insurance Company May Have Bias Against Motorcyclists
Insurance companies often have an inherent bias against motorcyclists because they fear them in a claim. They know full well that an injured motorcyclist may have the legal right to a large amount of money if their driver was to blame for the accident, and they will do anything in their power to keep it from happening when they can. Thus, insurance companies will not hesitate to blame the motorcyclist for the accident. Depending on the individual state’s laws, they may even eliminate the motorcyclist’s right to compensation. At the very minimum, they can reduce the money they pay in a claim.
If there is any doubt in your case, you should prepare for the insurance company to side with you. You must get to the point where you can prove what happened by a preponderance of the evidence, meaning that the facts you allege are more likely than not to have occurred. You should expect the insurance company to have a far stricter interpretation of these facts.
Thus, a motorcyclist must show that they followed traffic laws and yielded properly in the events leading up to the accident. They may even need evidence to prove what they did in the face of any allegations of negligence. A motorcycle accident attorney can gather and use this evidence to refute any allegations.
You Do Not Have to Allow Anyone to Blame You for the Motorcycle Accident
Suppose the insurance company persists in blaming you for the motorcycle accident. In that case, you still have legal rights, and the percentage of fault is something that your attorney can negotiate as part of the claim. If you believe you did nothing wrong, you can even take your case to court, and the jury can decide who was to blame. However, you may take the risk that a jury will agree with the insurance company, or it may even take a harder line when it issues a verdict. From your standpoint, you should hire a motorcycle accident attorney who can gather all the available evidence surrounding the accident, putting you in a position to push back if they blame you for what happened.
Get Legal Help Right After Your Motorcycle Accident Injury
However, you must hire a motorcycle accident attorney immediately after the accident because the insurance company may already be at work. Liability can hang in the balance, and insurance companies may spot an opportunity to reduce the amount they owe you or avoid paying you altogether. They may pressure you to give a statement when you suffered an injury, even though you may not have a clear frame of mind. A motorcycle accident lawyer will work to establish your legal rights as soon as you hire them, and they will fight to protect you at all times.
Although tending to your physical health is essential, you cannot allow that to be the only thing that you do after a motorcycle accident. You or a family member should call a motorcycle accident lawyer immediately so they can get to work. The longer you wait to hire a motorcycle accident attorney, the more complicated your case may become. Your motorcycle accident lawyer may not have enough time to do their best work.
How a Motorcycle Accident Lawyer Establishes Fault
Your motorcycle accident lawyer will not only protect you from the insurance company, but they will also work to establish the cause of the accident and collect any relevant evidence you need for your case. They will speak with witnesses whose testimony may confirm that you are the one who had the right of way, showing that you were not at fault for the accident. Your motorcycle accident attorney may also take pictures of the accident scene and work with expert witnesses to recreate the crash.
Your Motorcycle Accident Attorney Fights for Full Compensation
Then, your motorcycle accident lawyer will quantify your damages and fight to ensure you get paid for all of them. Your motorcycle accident damages can include the following:
- Medical expenses
- Property damage
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Emotional distress
- Embarrassment and humiliation
If insurance companies do not feel they have a reason to blame you for the accident, they may accept liability and try to settle your case or claim. However, this attempt is not necessarily good news because they will likely give you a low settlement offer. You must negotiate to get all the compensation you deserve, rejecting any settlement offers that do not adequately pay you. If you do not get a fair settlement offer, you can sue the responsible driver in court, forcing the insurance company to defend the case. If your case goes to trial (which is rare), the jury will decide the amount of damages you are due.
It Costs You Nothing Upfront to Hire a Motorcycle Accident Attorney
After a motorcycle accident, the last thing you want to worry about is how to pay for legal representation. Fortunately, when hiring a motorcycle lawyer, you do not have to worry about any upfront costs or out-of-pocket expenses.
Motorcycle lawyers typically work on a contingency fee basis, meaning they only get paid if they win your case and secure a settlement or judgment on your behalf. The fee is a percentage of your settlement or jury award. In other words, they have a strong motivation to fight for your rights and obtain the compensation you deserve.
Another advantage of hiring a motorcycle lawyer on a contingency fee basis is that it allows you to pursue your case without the burden of upfront costs. Legal fees can quickly add up, but with this arrangement, you do not have to worry about paying for legal services out of your own pocket.
In addition, many motorcycle lawyers offer free initial consultations where you can discuss the details of your case and understand your legal options. During this consultation, the lawyer will assess the strengths and weaknesses of your case and provide an honest evaluation of the likelihood of success. This meeting lets you decide whether to proceed with legal action and hire a motorcycle lawyer.
From gathering evidence and negotiating with insurance companies to representing you in court if necessary, a motorcycle accident lawyer will be your advocate every step. They will work to protect your rights and ensure that you receive fair and just compensation for your injuries, medical expenses, lost earnings, and pain and suffering. Do not let the insurance companies take advantage of you. Consult a personal injury lawyer today to protect your rights.