Motorcycle Accidents & Serious Injuries
Motorcycle accidents, including single vehicle accidents where the motorcycle did not collide with another car, are on the rise this year. The summer of 2015 brought more tourism to Maine, gas prices were the lowest they have been in a while, and more motorcycles and drivers of cars, vans, SUV’s and trucks are on the road this summer than have been in the last several years. Motorcycle collisions with other vehicles typically lead to disputes regarding who was at fault (who was negligent), or possibly who was more at fault. All too often, motorcyclists are not viewed favorably by courts and juries, so it is necessary to present your case in a way that shows that you were a responsible and prudent operator. Motorcycle accidents, including single vehicle accidents where the motorcycle did not collide with another car, are on the rise this year.
The summer of 2015 brought more tourism to Maine, gas prices were the lowest they have been in a while, and more motorcycles and drivers of cars, vans, SUV’s and trucks are on the road this summer than have been in the last several years.
As reported in a Portland Press Herald article on 9-7-15 authored by Joe Lawlor, the Maine Department of Public Safety reports a high number of motorcycle accidents this summer, with 21 people dying from motorcycle crashes through 9/7 of 2015, compared to only 11 in all of 2014. (See the article online at: http://www.pressherald.com/2015/09/06/cyclist-dies-another-hurt-in-weekend-accidents/ ).
As the law goes, you can’t sue yourself, so if you go off the road or have an accident, you may want to determine if there is other negligence involved. If you are operating a motorcycle and you drive off the road while feeling that you complied with the speeding limit, gave due regard for nearby traffic and traffic signals, and otherwise felt that you operated your bike without doing anything wrong, it is possible that there could be a design flaw in the road, the traffic signals, the speed limit, or possibly it’s a case of extremely poor road maintenance. If one of these circumstances applies, then you may be able to pursue a claim for damages against the State, county, and/or the municipality where the motorcycle accident occurred. Talking with a Maine personal injury attorney can help to evaluate whether you have a claim and to pursue your claim. All too often, motorcyclists are not viewed favorably by courts and juries, so it is necessary to present your case in a way that shows that you were a responsible and prudent operator. Motorcycle collisions with other vehicles typically lead to disputes regarding who was at fault (who was negligent), or possibly who was more at fault. Maine has a law that prohibits an injured party from receiving compensation from the courts if that party is more than 50% responsible for their injuries. Consequently, motorcycle accident evaluations often involve allegations that the motorcyclist was speeding, or otherwise not riding in a safe manner. Questions of fault require an experienced personal injury lawyer to fully evaluate, provide proper legal advice and competent representation. Serious injuries are common in motorcycle accidents, as we all know. There is little to nothing to protect you in the event of a collision with a car, truck or utility pole, or if your bike goes down and you make contact with the pavement. It is important to do what you can to protect yourself as a motorcyclist, including by wearing protective gear (a helmet) and protective clothing. While Maine does not require everyone to wear a helmet, helmets are required for riders ages 18 and younger, those with learner’s permits and first-year licenses.
All too often, a motorcycle accident is caused by another driver who did not see the motorcycle in time to avoid a collision, or by an inexperienced motorcyclist who can’t control the bike. Motorcycles take longer to stop than a car, so if a car needs to stop quickly, and the motorcyclist is following too closely, a rear-end collision may well be the fault of the motorcyclist. If you are a passenger on a motorcycle and you get hurt, just as with a passenger in a car accident, you have a claim against the negligent party, even if it is the driver of the vehicle in which you are a passenger. Whether you have minor or serious injuries, you can get compensation, and as we all know, an experienced personal injury attorney can often do better for you. In summary, the attorneys you see on TV or on the back of phone books may not be the optimal choice, and in fact, may be “laW-Marts” or “Mc-Litigators” who simply sign as many cases as possible and settle them quickly, regardless of the client’s needs or interests. Take time to research and find an attorney who is experienced and competent, and with who you are comfortable. You need an experienced lawyer who you will give you full and caring attention, who can maximize your compensation.
Call a firm that will give you the service that you deserve….call Marchese Injury Law, P.A., nationwide toll-free at 207-775-6042 for a free consultation or to make an appointment. Our accident attorneys will guide you through the challenges faced by auto accident and motorcycle accident victims, and we will take the worries away from you.
When you need an experienced injury attorney, make Marchese Injury Law, P.A. your choice for personal injury lawyer representation in Maine. We can help you get your medical bills paid, and fight the insurance companies for all the money you deserve. Our offices are located at 477 Congress Street, Suite 1104, Portland, Maine, in the historic Time & Temp Building, although we can meet you at other locations if more convenient for you.