When a biker is forced to decide between risking a collision or laying down their bike to avoid an accident, it’s not an easy choice. Motorcycle drivers and their passengers can still get run over or injured even if they avoid the collision. Often, the other drivers involved don’t stop. In those cases, determining who is actually responsible for the accident can be a challenge.
In this article, we’ll explore some of the common elements of a lay-down motorcycle accident, the follow-up investigation, and the role of insurance companies in the process.
Have you been injured in a motor vehicle accident? Christie Farrell Lee & Bell has an experienced team of car accident attorneys who can help you explore your options.
Determining Who is Responsible
When a biker lays down a motorcycle, injuries can include whiplash, broken bones, abrasions on the skin, and even burns. If the other driver was at fault for the accident, the biker can hold them accountable for their injuries. However, if the other driver didn’t stop, there’s no easy way of determining who should be brought to court. Sometimes these are called “phantom defendants”—there is someone else responsible, but their identity is not known.
In most cases, the “medical payments” part of motorcycle insurance will pay for an injured driver’s immediate medical needs. However, these payments do have a cap. If the cyclist has additional needs, they may have to use the “uninsured motorist” part of their policy to cover additional expenses. If the other driver who was involved in the accident stops, that makes the situation much easier to navigate.
Motorcycle Accident Investigation
The injured biker should write down their own account of what happened as soon as possible to keep the details clear. Photographs of the scene are also helpful. In these kinds of cases especially, a seasoned personal injury attorney who knows something about motorcycles is a great ally. Attorneys know how to talk to witnesses to get important information. They can also contact local businesses to review surveillance tapes which might show the accident. Witnesses should be questioned ASAP, and any tapes need to be reviewed before they get taped over. It’s important that the injured party act fast to pair up with an attorney.