What are the first steps to take after an accident?
Motorcycle accidents typically result in catastrophic injuries that require hospitalization, and involve fractures or head and spinal cord injuries. There are rarely any minor injuries. The most important thing after any bodily injury is to take care of one’s self. Get to the hospital and seek medical care.
The lawyers get involved, of course, investigating the root causes of these crashes — which sometimes are obvious, such as a left turning vehicle or another negligent driver. At times, the motorcycle itself contributes to the crash.
Fox and Fox handled a crash involving a Harley-Davidson motorcycle with a foreign-manufactured tire on the rear. That tire blew out and caused the motorcycle to lose control and go into a barrier on the freeway. The driver of the motorcycle suffered spinal cord injuries and his wife, the passenger, was killed instantly.
Our firm was able to find a defect in the inner liner of the foreign-made tire and prosecuted that claim. There were no other vehicles involved in this crash. It just happened to be caused by a defect in the foreign-made rear tire.
After a motorcycle crash, it is important to contact an injury lawyer in order to obtain any other evidence that would implicate a tire or other vehicle component in a crash, observe gouge marks on the highway, get the wheel, and get the bike before it is salvaged, destroyed or repaired.
IS the one driving the motorcycle at fault?
Fault depends on the cause of the crash. If the cause is a tire blowout, then the driver of the motorcycle would be fault free. If the motorcycle was speeding, then there would be a claim against the driver that he was negligent.
A passenger on a motorcycle is typically fault free. He or she is not operating the vehicle. However, a passenger on a motorcycle can actually make a damage claim against the driver for inattentiveness, negligence, speeding, or recklessness. Passengers have all the rights. A driver who is found at fault for a crash is typically going to have a difficult time collecting compensation, but the motorcycle passenger does have a right and is certainly not at fault for the conduct of the driver.
Should you consult an attorney?
It is important after a crash to consult with a lawyer once the injuries have been stabilized and it is safe to do so. First, seek medical care after a motorcycle accident. That is paramount and always comes first. Take care of yourself. Get to a physician or to a hospital. Once your injuries are stabilized, then a lawyer should be consulted so that a careful investigation as to the root causes of the crash can occur, and Fox and Fox Corporation is experienced in this area.
Our firm will hire an investigator. We will look at the motorcycle, at the component parts, at the tires, and at the leg guards. We will look at the brakes to determine whether the motorcycle itself may have played a role in the crash. We look at all causes. We look at the highway and the signage on the highway. We look at the conduct of other vehicles. A lawyer handles this process.
how can Fox and Fox Corporation help?
Our firm will investigate the root causes of the motorcycle crash. We look at the drivers and protective gear involved. If it is a head injury, we look to see whether the helmet protected the rider’s head as it is designed to do. The tires will be checked to see if a blowout or a defect in the tire contributed to the crash. All mechanical components are checked, and then we look at the roadway and the conduct of other drivers to determine all causes. In addition, all the potential defendants who need to appear at court to answer for the injuries caused by this crash will be interviewed.