Date:April 20, 2015
While passenger vehicles have protection from the sides and top due to the vehicle’s body, motorcyclists do not have these protections. Therefore, the NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC often see that motorcyclists and their passengers suffer from more serious injuries than those involved in motor vehicle accidents. The NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC can explain that more significant personal injuries may result in higher potential compensation that the victim may be able to receive.
While the NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC can explain that every motorcycle accident is different, there are some common trends. Approximately 75 percent of motorcycle accidents are caused by passenger vehicles. This may be because motorcycles are more difficult for passenger vehicle drivers to observe. Therefore, in most cases, the fault of the accident is on the driver of the passenger vehicle and not on the motorcyclist. According to a study by the University of Minnesota, among fatalities in two vehicle crashes involving motorcycles and passenger vehicles, 98% of the fatalities were the motorcycle riders, while only two percent were passenger vehicle occupants.
The most common legal theory involved in motorcycle accidents is negligence. The NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC can explain that this theory rests on the idea that every motorist has the duty to drive in a reasonable manner to avoid causing harm to another individual. This legal duty includes the obligation to drive in a sensible and cautious manner, to obey the speed limit and not run stop signs or stoplights, and to generally follow the Rules of the Road. If an individual fails to meet this burden, he or she may be found to have committed negligence. A negligence claim commonly alleges that a driver did not exercise due care while driving, causing another individual to sustain an injury. However, in order for a victim to prevail with such a claim, he or she must prove that the motorist’s breach of duty caused the actual injury.
Even though the vast majority of motorcycle accidents are caused by motorists in passenger vehicles, some accidents are caused by the negligent acts or omissions of the motorcyclist. For example, the motorcyclist may weave in and out of traffic, cut off a passenger vehicle, turn at a high speed or be drinking and driving. If an accident happens under these scenarios, the motorcyclist’s passenger and any passengers in the other vehicle(s) may be able to sue the motorcyclist.
Every NH personal injury case has a specified time limit in which a person can make a claim. Motorcycle accidents are no exception. New Hampshire imposes a three-year statute of limitations on personal injury claims.
Because every motorcycle accident is different and involves different facts and circumstances, a personal injury victim should consult a personal injury lawyer for assistance. For help with your motorcycle accident case, contact the NH motorcycle injury lawyers at the Law Office of Manning & Zimmerman, PLLC at (603) 624-7200 or toll-free at (800) 984-3151.