Motorcycle accidents can cause severe outcomes for affected victims, including injuries and high financial losses. The extreme negative outcomes are mostly attributed to the intensity of motorcycle accidents, especially when the rider suffers great harm. Due to this, you will need to recover for the losses by filing a civil case to entitle you to monetary compensation. The civil process requires a lot of preparation and in-depth knowledge of the requirements to satisfy. Therefore, working with a car accident attorney is essential to help you be better positioned to receive a successful case outcome. With Las Vegas Car Accident Attorney Law Firm, you will receive the best legal assistance after being a victim of a rear-end accident. Our team is prepared to provide useful legal tips and represent you in court, as we have done for many clients seeking compensation in Las Vegas, Nevada.
The Nature of Rear-End Motorcycle Accidents
Motorists on the road are prone to various safety risks, depending on their conduct when driving or using motorcycles, among other types of transport. Thus, a rear-end motorcycle accident is among the many consequences of road mishaps and may affect the victims significantly.
The physical characteristics of the accident involving your motorcycle being hit from the back by another vehicle. Alternatively, the motorcycle may run into the back of a vehicle, meaning that the car motorist will be the rear-end accident victim.
Although most rear-end accidents are predictable, some may occur suddenly, especially when a road user applies sudden brakes. Thus, the multiple factors that may trigger the accident should be factored in before parties involved can shift blame to each other.
Typically, rear-end motorcycle accidents do not cause fatalities, despite the force or intensity of your motorcycle hitting a vehicle or vice versa. Nevertheless, parties involved in the incident report serious injuries and damage to their vehicles due to the vehicle parts' intense impact.
Causes of Rear-End Motorcycle Accidents
When you or a loved one is involved in a rear-end accident, you will decide to seek remedies directly from the other parties involved or from their insurance providers through your attorney. To do so, you have to establish the cause of impact, as it plays a significant role in determining whether the other party is at fault and, if so, to what extent.
Thus, learning the various causes of rear-end motorcycle accidents is crucial when building your case. Furthermore, the information will help you assess the facts surrounding your case to determine whether litigation is the best option for you.
The following are common causes of the accident:
Car or Motorcycle Defects
Challenges with controlling your vehicle can cause multiple road mishaps, including a rear-end motorcycle accident. Similarly, a motorcycle rider with little to no control over their bike exposes other road users to potential harm, especially when unexpected incidents occur on the road.
For example, brake failure is a common vehicle defect resulting in a rear-end accident. It manifests itself as a motorist who tries to slow down or stop the vehicle but fails to effectively. Usually, your brake pads should be well lubricated to ensure they transmit pressure to slow the wheels when turning. Thus, when a defect in the lubricant amount or in the mechanics arises, you or the car driver behind you may be unable to control the impact. Consequently, a rear-end collision causes significant damage to the affected vehicle.
Additionally, a tire burst may affect the movement of your bike, creating challenges in controlling it. Tire bursts are often unpredictable, so the best case management requires you to remain in control of steering the bike out of danger and potential collision. However, if you were moving at great speed, you may be unable to avert impact and result in a collision with another vehicle.
Moreover, motorists often struggle to remain alert based on the numerous distractions while on the road. In this case, a car driver is more likely to succumb to the distractions because they can easily let go of the steering wheel or use one hand to keep the vehicle at the correct steering position.
Due to this, they may engage in texting while driving or even picking or sending calls to others. Similarly, some may be distracted by the need to eat while driving or looking through their phones for navigation. Loud music or intense conversations with a third party are also common distractions.
You should note that all the distractions discussed above may occupy your cognitive, visual, hearing, or motor skills abilities. A cognitive distraction will have your mind thinking of different things, especially after receiving bad news or engaging in a heated argument. As a result, you become less aware of your environment, as your mind does not pick up on safety hazards and the potential need to give way to other road users.
Similarly, distractors requiring your visual and auditory engagement will take a toll on your ability to remain focused on the road, meaning you are more likely to miss traffic signs, warnings, and signals from other motorists. As you engage your hands in different activities, your reaction time in case of an emerging trigger is reduced, making you more prone to causing an accident.
A motorcycle rider may also suffer from various distractions, especially visuals. However, since they require to maintain balance by steering the bike using both hands, motorcycle accidents where the driver was otherwise engaged are less common.
Further, traffic regulations require all road users to maintain reasonable speeds at different highway zones to reduce the possibility of road accidents. This is because high speeds leave you in less control of the vehicle, so any need for the immediate reaction may result in a collision with other road users.
Therefore, most rear-end accidents arise from high-speed engagement coupled with distracted driving. For example, if you, as a motorcycle rider, looked away from your lane even for a short duration, you may miss significant signs of slowing down. Vehicles may have stopped or slowed down due to building traffic, but you are bound to miss the sign and maintain your initial speed.
Consequently, you may ram into the vehicle directly behind you with a lot of force, causing a catastrophic accident. Motorcycle riders involved in this type of rear-end accident often suffer from serious injuries or even fatalities. The reason for this is that you will fall off your bike as a physical reaction to the sudden force of impact, exposing you to different safety hazards. In extreme cases, motorcycle riders are thrown far from the accident scene, causing them to hit the ground hard.
Driving Under the Influence
The law prohibits engaging a vehicle, including a motorcycle, when drunk or intoxicated from other drugs, as it inhibits your visual and cognitive ability. Furthermore, driving under the influence exposes other road users to danger in case of any mishaps, so you want to avoid the practice.
On the other hand, you may be a victim of a motorcycle rear-end accident based on another motorist’s decision to drive when intoxicated. The outcomes are similar, particularly that you will face damage to your motorcycle and sustain injuries. Due to this, you want to understand the various DUI rules that entitle you to seek remedies against the liable party.
In Nevada, a legal blood alcohol concentration (BAC) limit applies for motorists to observe when handling vehicles after drinking. The standard is set at 0.08% BAC, meaning that any amount above this will attract legal repercussions. Thus, requiring the driver involved in the motorcycle rear-end accident to undergo a DUI test is important, as it serves as an evidential source for you when pursuing legal action.
You do not have to worry about imposing the test yourself, as police officers who report to the accident scene are obligated to undertake the duty. Once the necessary data is ready for sharing, your car accident attorney can request the details to help build a case against the suspected liable party.
Nevertheless, it is noteworthy that while drunk driving is illegal and imposes primary liability on the party found in violation, you may also be answerable for any negligent driving activities. For example, if you were riding your motorcycle at high speed while the drunk driver was close or behind you, an accident resulting from speed may attract joint liability charges. However, the other party still holds most of the blame due to their impaired judgment during the incident.
Tailgating Other Vehicles
Another traffic maneuver commonly associated with rear-end accidents is tailgating. It involves following the vehicle ahead of you too closely so that you have less reaction time in case of braking. Tailgating is common during heavy traffic hours as most motorists do not want to give way to drivers looking to shift lanes. Additionally, the practice is common where a road user intends to follow another driver closely in a chase, often accompanied by the intention to commit an offense.
Based on the circumstances surrounding your case, a tailgating incident often places blame on the party hitting the vehicle ahead of it. This is because all motorists should keep a reasonable distance from the vehicle ahead as directed under the law. Hence, if a motorist hit your motorcycle rear-end in an accident, you can expect them to face most or all the blame.
Conversely, you may be answerable for the rear-end collision if findings reveal you engaged in tailgating. Therefore, consulting your cart accident lawyer is necessary to help you establish the best steps to take in reaching a resolution.
Disobeying Traffic Rules
Traffic signs, lights, and general rules are useful for preventing chaos on the road, as they direct drivers on the appropriate steps to take. Similarly, traffic signs warn motorists of impending safety hazards that require you to take further action to avoid them. For example, a ‘bump ahead’ sign means that you need to slow down to avoid running into an accident.
Thus, observing road signs is paramount for road users because a failure to do so creates multiple road safety hazards. For example, vehicles moving at an intersection will need to give way, slow down, and indicate where they are headed to ease traffic flow. If a driver ignores a stop sign at an intersection, they may confuse motorists behind them who believe it is safe to proceed. Upon realizing that the red light is still on, they may have to brake suddenly, resulting in a rear-end accident.
As a motorcycle rider, if you are involved in the incident, you are likely to suffer harm, mostly because of the high impact from the vehicle that hit you. Therefore, seeking an avenue to recover your losses is necessary, as it helps you return to your everyday life.
Establishing Liability for the Motorcycle rear-end Accident
The events following an accident may vary depending on the accident outcome and the damage suffered by the victim. Therefore, seeking legal redress for your losses is an excellent option to help you hold the liable party accountable for their actions. This is because their wrongdoings are the primary reason for the incident, meaning that they should be held responsible for helping you return to your normal life.
However, before raising a claim against a party, you will need to establish their liability, which is the civil equivalent of their guilty involvement in causing the accident. To do this, your car accident attorney will guide you through various steps of establishing negligence. The element is the essential building block for most civil cases, as it helps trace the specific shortcomings that rightfully place blame on the liable party.
When handling a case involving negligence, your attorney must ensure that the case facts reveal the four elements necessary for the principle to stand. They are:
- Establishing that a duty of care exists
- Determining whether there was a breach of duty
- Identifying causation
- Discussing the damages suffered
The presiding judge in your case will be keen to ensure that all elements are well illustrated through the arguments you present in court. Thus, you want to understand the different expectations to satisfy as you collaborate with your lawyer.
Establishing a Duty of Care
Every road user, including pedestrians, owes a duty of care to others, as it helps maintain order on highways and local streets. The general duty of care in traffic conditions is that motorists will observe traffic regulations and other rules of driving. It is expected that they will avert danger and create a safe space for all road users.
Although most parties refer to traffic regulatory statutes and policies to establish that a duty of care exists, it is noteworthy that the court will also accept general practices as imposing a duty of care. For example, while some road etiquette guidelines are not exclusively encoded in a statute, you are expected to uphold civilized behavior.
As a result, the premise of your argument can form a foundation on the general expectations that the liable party should have observed their duty of care. For example, changing lanes without indicating is detrimental to motorists behind, as they may want to accelerate and overtake. Thus, a failure to uphold the obligation to indicate is sufficient for a case to be filed.
A Breach of Duty Arose
Having established that a duty of care existed against the respondent party in court, your attorney should then show that they breached their duty. Doing this requires the lawyer to gather and present evidence on the specific actions that the party engaged in, endangering yours and other road users’ safety.
For example, if the respondent was involved in a DUI accident, their failure to observe the drinking and driving limitations is interpreted as a breach. Similarly, exceeding the legal speed limit in various traffic zones is sufficient to warrant a case against the liable party, as they breach statutory requirements.
Various forms of evidence are admissible to show that the respondent is the liable party in the case. For example, DUI results are acceptable, indicating the intoxication levels that resulted in poor judgment and ultimately the rear-end accident. You may also call on witnesses to describe the respondent's actions that indicated their breach of duty of care.
The Breach Caused the Motorcycle Rear Accident
Establishing causation in a negligence case is also crucial, as it separates the liable party from any other potential offender in the case. Subsequently, it ensures that only the liable party is responsible for paying compensation for the accident.
Sometimes, more than one motorist may have broken the rules, resulting in a breach of duty. However, their actions may be inconsequential to you. This means that you cannot sue a random party in a civil case despite their involvement in an unlawful traffic practice, provided it does not cause direct harm to you.
Hence, establishing causation requires you to connect the liable party’s actions in breach to the accident and the effects after that. To do this, you want to rely on compelling evidential sources like video footage of their wrongdoings. Police reports also form a valid starting point for the evidence you present, including records of what happened before the incident. A successful litigant ensures that the quality of evidence presented is believable and leaves no doubt for the opposing party to shift the narrative.
You Suffered Damage from the Accident
Finally, you will need to elaborate on the damage you suffered and how it is linked to the rear-end accident you were involved in. Subsequently, you need to gather your medical records, reports from vehicle repair companies, and any other relevant material to help you prove that you suffered harm.
Failure to present compelling evidence may cause the presiding judge to downplay your circumstances unknowingly, meaning that you will receive less compensation than the initial asking amount. Thus, you want to capture all the negative consequences of the accident and how they affected your life. Being thorough will also help you raise justifications for the amount you present in court as the proposed compensation figure.
Claims to Present in Court When Seeking Compensation
The judge will request detailed information on the specific claims you raise against the liable party as the case progresses. When compiling your claims, you want to be careful as they form the basis for the final case outcome. Hence, ensure you capture all factors arising from the motorcycle rear-end accident, as you may not have a chance to include any other elements after submitting the initial claims to the judge.
You should also note that while it is normal for an accident victim to suffer multiple losses for a rear-end accident, you do not necessarily have to submit a list. For example, you may have evaded sustaining serious injuries but severely damaged your motorcycle. Thus, your main claim will be to recover the expenses spent on repairs. The following are common claims presented after a motorcycle rear-end accident:
- Compensation for medical expenses
- Pain and suffering
- Wrongful death
- Emotional distress
Contact a Las Vegas Car Accident Attorney Near Me
Doubtless, being involved in a motorcycle accident often causes numerous setbacks for the victims involved, especially after suffering from injuries. Subsequently, you want to ensure you seek legal remedies to help you recover from the problems faced. On top of this, you will have held the liable party accountable for the wrongdoings that caused the motorcycle accident. When looking for a legal professional to take on your case, you want to ensure they are reliable and highly experienced so that you can receive maximum benefits for partnering with them. At Las Vegas Car Accident Attorney Law Firm, we work hard to ensure all our clients’ needs are met to the best level possible. Over the years, we have worked with hundreds of motorcycle accident victims in Las Vegas, Nevada, helping them seek court remedies after the incident. We also personalize our services to ensure your case receives the required attention to detail. If you or a loved one needs more information on handling motorcycle rear-end accident outcomes, contact us today at 702-576-0010.