No two vehicle accidents occur in the same way, especially when a motorcycle is involved. However, there are many similar features that exist in the majority of cases, and an experienced motorcycle accident attorney like David E. Gordon can consult with you about how to handle a potential lawsuit. You can use the common fact patterns of Memphis motorcycle accidents to plan your litigation strategy and increase your odds of success.
One of the most common causes of motorcycle accidents is when the motorcycle and its rider are unseen and are struck by a driver who turns left into their path or pulls out of a commercial driveway into the biker’s path. The driver at an intersection might not realize that a motorcyclist is approaching in their blind spot, causing a collision; or they might merge into a different lane just as the rider is passing. Another common fact pattern found in local motorcycle collisions is when a car rides too close behind one and is unable to make a sudden stop.
Memphis has a number of highly-congested city streets, such as Union Avenue, Poplar Avenue, and Germantown Parkway, which have heavy traffic that might present a dangerous situation. In addition, motorbike riders must pay attention to cars coming out of shopping centers or strip malls. These drivers often do not pay attention to who is coming into their path. Traffic intersections are also a common location for collisions. Automobile drivers making a left-turn might not see the motorcyclist or they could misjudge the speed at which they are riding. These accidents are more likely to happen in congested traffic where someone’s attention can be pulled into many different directions.
When a motorcycle rider is struck by a car, they almost always sustain a road rash. Broken bones are also common. In high-impact crashes, the rider might receive a catastrophic injury such as brain damage even if he is wearing a helmet.
Motorcyclists are governed by the same rules of the road as automobiles, and fault is determined in the same way as accidents involving cars or trucks. The basic rules of the road require every motorist to pay attention to their surroundings, drive at safe speeds, and to maintain the proper control of their vehicle at all times.
This means that every driver must keep their vehicle operating at a speed that is reasonable for their circumstances. For example, if there is heavy traffic on a 50 miles-per-hour road, all drivers should reduce their speed to accommodate the slower flow of traffic; or if there is heavy rain or icy roads, they must reduce their speed to prevent collisions. A driver cannot defend themselves by claiming they were going the posted speed limit if that speed created a dangerous situation. Speeding vehicles are one of the commonly-seen factors in Memphis motorcycle crashes.
A motorcyclist who was injured in Memphis can file a claim against the driver whose negligent actions caused the accident. If that driver was on the job at the time of the crash, then that employer could also hold some vicarious liability. If the vehicle was owned by a different person than the one who was driving, that owner could also hold some responsibility.
Memphis is a comparative negligence jurisdiction, which means that the judge or jury will examine the fault of both drivers. As long as a driver or rider is less than 50 percent at fault, they are entitled to compensation for their injuries. If the driver is 50 percent or more at fault, then the law denies them any recovery for their injuries. David can help ensure that you are not given undue blame for the accident.
If you were struck by a car or truck while riding your motorcycle, chances are that there was a case similar to yours in the past. By working with David E. Gordon, you can use the common fact patterns in other Memphis motorcycle accidents to plan out your own lawsuit. Schedule a call as soon as possible to begin your journey to secure financial relief.