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.
Riders who have been in PA motorcycle wrecks have intimate, and often painful knowledge of how complex and just plain messy they can be.
The scene is typically littered with glass, road debris, and vehicle parts. Witness testimony is often contradictory, and it can be nearly impossible to determine who is at fault, or even what actually happened.
PA motorcycle wrecks and accident reconstruction specialists
Your Pennsylvania motorcycle accident lawyer will sometimes contact accident reconstruction specialists, who use their expert investigative skills to help analyze the scene and sort these details out. These experts put together a narrative based on accident scene photos, witness testimony and depositions, photos and medical documents.
In addition, reconstructionists tend to have specific knowledge of the unique physics, operator input, and dynamics specific to motorcycles, as opposed to other types of vehicles.
The 5 Phases of a Motorcycle Accident
While every crash is unique, reconstruction professionals have found that PA motorcycle wrecks do tend to have a few common elements, which can be broken down and examined in the context of recreating the events that led up to the crash.
- Perception-Reaction – Reconstructionists place the actual beginning of an accident well before impact, to when the rider first perceives a hazard. Studies indicate that a typical rider will take up to 1.5 seconds to implement a response once they have identified a hazard.
- Avoidance/Braking/Steering – The rider typically uses some combination of steering and braking in an attempt to avoid the hazard. Physical evidence at the scene, such as skid marks, combined with witness statements can give clues as to what type of avoidance the rider attempted.
- Pre-Impact Sliding – Riders often overuse the motorcycle brakes, locking the front and/or rear wheel. If the front wheel locks, the rider will almost certainly lose control and crash. If this happens while braking, the motorcycle and rider usually separate and slide along the same trajectory they were moving in prior to the crash.
- Impact – The bike and/or rider may collide with a vehicle, guardrail, tree or other object. By evaluating impact damage, and combining that data with sliding distance as determined in the previous phase, investigators can often determine the motorcycle’s approximate speed upon impact.
- Post-Impact Motion – Even after impact, additional movement can occur. For example, the rider may become separated from his or her bike, traveling independently to the final resting point. Post-impact travel distance can help establish how fast the bike was traveling just before impact.
Breaking a motorcycle accident down into these five phases allows your legal team to work backwards from the point of final rest, recreating the conditions and actions that led to the accident. Determining the cause of the accident will make it easier to establish liability and provide a starting point for damage negotiations.
Pennsylvania motorcycle accident attorney Lee Gaber can help you establish the cause of your NJ or PA motorcycle wreck. Call 1-888-292-5352 (1-888-cycle-law) to find out how.