Losing Control on Turns
In the vast majority of cases involving motorcycle accident that result from the failure to negotiate a turn, the operator is solely at fault. Excessive speed is usually the culprit and, unfortunately, the injuries are frequently catastrophic. Our firm has successfully represented dozens of passengers who were injured in these types of crashes. Although our clients are sometimes reluctant to bring a claim against the motorcycle operator, almost always the operator acknowledges their fault and, in recognizing the harm they have caused, encourages our client to use their insurance to pay medical bills, lost income, and other damages that our client has suffered.
In cases where the motorcycle operator has insufficient or no insurance coverage, we have been able to use our own client’s underinsured motorist coverage (included in most driver insurance policies) to help our clients. Because there are often multiple sources of insurance coverage available to accident victims, it is critical to consult with an experienced attorney to make sure your rights and interests are protected.
Occasionally, losing control in a turn is not a motorcyclist's fault. Even an experienced rider can be taken unaware by loose gravel, oil spilled on the road, or an extremely uneven surface that causes you to lose control and capsize. The owner of the road, often a city or municipality, is responsible for keeping the road in good order, or putting up a sign if there is a any known hazard. In this scenario, you may be able to bring a claim against the owner of the road, such as a city or municipality, on the basis of negligence if you can show (1) it owed you a duty of reasonable care, (2) it breached that duty, (3) the breach was the proximate cause of the accident, and (4) damages resulted.
Suppose a construction company hired by a town had been performing construction work on the curve of a road. A worker spilled some oil just before dusk and decided that it was not likely to be an issue before morning. If you were riding your motorcycle that night and the oily surface caused you to lose control in the turn, you may have a claim against the construction company. Another example—one that our firm recently encountered—is where construction signs were posted immediately before a hazard on a turn, so close that our client did not have time to take evasive action. Our firm successfully argued that the construction company was negligent in not posting signs a sufficient distance from the hazard to permit our client to avoid the hazard. Note that special rules apply when bringing a claim against a government entity (for example a relatively short time period within which to file a claim). Because these rules must be strictly followed, if you were injured due to a road hazard, it is important to immediately consult with an experienced injury attorney.Helping You Recover After a Motorcycle Accident
If you are injured after losing control of your bike, we urge you to retain a trustworthy and experienced New Hampshire motorcycle injury attorney to help you protect your interests and obtain the compensation for your injuries that you need and deserve. At Peter Thompson & Associates, are attorneys are highly skilled at determining what caused the accident and finding all sources of insurance coverage available. Contact Peter Thompson & Associates at 800.804.2004 or via our online form to set up your free initial consultation.