Rear End Motorcycle Accident Cases
Rear-end collisions in which a motorcyclist is struck from behind are an unfortunate risk associated with riding a motorcycle. Almost every instance of a rear-end collision involving a motorcycle is due to the motorist and/or the motorcyclist making careless decisions. In other words, many motorcycle rear-end collisions can be avoided if both motorcyclists and motorists exercise more care when out on the road. Motorists who are accused of rear-ending a motorcyclist (and the companies that insure these motorists) will fight aggressively in an attempt to show that the motorcyclist him- or herself was responsible for causing the collision. Motorcyclists must be prepared to fight back with legal counsel of their own.
Causes of Motorcycle Rear-End Collisions
Saying that a motorcycle rear-end accident was due to the negligence or carelessness of a motorist is not enough for the motorcyclist to obtain compensation for his or her injuries. Instead, the motorcyclist must be able to produce evidence (either physical evidence like pictures or the testimony of witnesses who observed the crash) that shows what the motorist was doing at the time of the crash and then show that whatever activity in which the motorist was engaged was careless or reckless.
The following behaviors contribute to many rear-end collisions each year and are usually considered to be negligent behavior:
- Texting while driving or otherwise driving while distracted by an electronic device, another passenger or occupant of the car, or by some sight or occurrence happening outside the car. Distracted driving occurs whenever the driver’s attention and/or body is taken away from the act of driving. Suppose that a motorcyclist is stopped 300 feet in front of a distracted motorist: That distracted motorist will hit that stopped motorcyclist if the motorist’s attention is diverted for less than five seconds (assuming the motorist is traveling at 55 miles per hour or greater).
- Drowsy driving, which occurs any time the driver is fatigued because he or she failed to get sufficient rest before driving. When a driver is drowsy, his or her senses are dulled and he or she may not see that he or she is approaching a motorcyclist from the rear until it is too late to stop.
- Road rage, or anger on the road by a driver. Some motorists simply do not like seeing motorcyclists on the road or may feel that the freedom motorcyclists have to maneuver in and out of traffic is somehow “unfair.” A driver may become so incensed that he or she deliberately hits the motorcyclist from the rear. If the motorcyclist suffers injuries, he or she may be entitled to compensation as well as punitive damages as a result of the motorist’s deliberate acts.
- Inattentive driving, which is distinguished from distracted driving in that a driver who is inattentive may not be paying attention to anything at all whereas a distracted driver has usually diverted his or her attention from the road to some other person or object. When a driver is inattentive, he or she may fail to see a motorcyclist stopped ahead of him or her or may fail to take note of traffic control signs and signals like speed limit signs, stop signs, and other similar objects.
A motorist involved in a rear-end collision will attempt to prove the motorcyclist was somehow at fault for contributing to the crash through the motorcyclist’s own careless behavior. For example, the motorist may claim the motorcyclist made a sudden stop or failed to signal that he or she was intending to stop or turn. If the motorcycle was not equipped with working stop lights and turn signals, the motorist may claim the motorcyclist failed to use appropriate hand signals when stopping or turning. Combatting these allegations – usually through the testimony of other witnesses who may have seen the accident – is essential to helping the injured motorcyclist recover full and fair compensation. Motorcyclists should remember that in most states, compensation is available so long as the motorcyclist is not the primary cause of his or her own injuries. While being found partly to blame for one’s own injuries will result in a decrease in the amount of damages the motorist is ordered to pay, some compensation is typically better than no compensation at all.
Stern Law, PLLC is a Strong Advocate for Motorcycle Rear-End Collision Victims
Do not assume that your motorcycle rear-end collision will be “easy” or “straightforward” – those cases that appear “easy” only appear that way because a thorough investigation into the case has been completed and evidence has been prepared so as to create a compelling case. Stern Law, PLLC can help injured motorcyclists perform these necessary functions and will do so efficiently so as to help its clients obtain compensation for their injuries quickly. Call Stern Law, PLLC today at ((844) 808-7529 and discover what compensation you might be able to obtain following a motorcycle rear-end crash.
