I have recently been retained as a motorcycle wreck attorney to represent several clients who were operating sport bikes when their motorcycle accident occurred.
In each of these cases the speed of my clients has become a factor as there have either been witnesses or some physical evidence leading to allegations of excessive speed being made against my clients.
In most of these cases the accidents have taken place on smaller streets where the posted speed limit tends to be lower than on rural roads or the highways. Although many of these areas are sparsely populated, the speed limits remain low – however, the temptation to drive over the speed limit is high.
Speed and Contributory Negligence
In each case the other vehicle had either a stop sign or was pulling out from a driveway and clearly has the majority of fault. However, if there is evidence of speeding by the operator of the motorcycle, it gives the defendants an argument that there was some contributory negligence on the motorcyclist.
This argument does not carry as much weight when the clients of motorcycle accident lawyers are operating a “touring” style motorcycle however when operating sport bikes. Whether the allegation of excessive speed are true or not, it is much easier for the opposing counsel to argue that speed is a factor, given that most of these bikes look fast even when they are standing still.
The point that I am making is, although the vehicle exiting a driveway or pulling away from a stop sign has the duty to make sure it is clear and safe to proceed, if excessive speed is evidenced by either witness testimony or unusually long skid marks it gives the other side an argument against accepting full responsibility for the motorcycle accident claim.
Motorcycle Wrecks More Prevalent?
As a reminder, be careful out there. Throughout my history as a Pennsylvania motorcycle wreck attorney, I believe I have seen more of an increase in serious motorcycle accidents this season than ever before.
Most accidents of which are being caused by drivers simply pulling out from stop signs or making left turns right in front of my clients.
Never assume that a driver sees you coming. Always slow down at these intersections and keep your eyes on the car itself and be prepared to take evasive action at a moments notice.
If you would like additional information on speed related motorcycle accidents or other Pennsylvania motorcycle wreck attorney topics, Pennsylvania motorcycle accident lawyer Lee D. Gaber, Esquire, can be reached at 888-292-5352 (888-CYCLE-LAW) 24/7.