Motorcycles do not afford drivers the same safety features as cars and other vehicles. They are lighter, less stable, and less visible on the road. Motorcyclists are 27 times more likely to be fatally injured in an accident than drivers of other vehicles, according to the National Highway Traffic Safety Administration (NHTSA).
If you were involved in a motorcycle accident, it is important that you seek legal counsel from an experienced Delaware accident attorney who is knowledgeable in personal injury law, motorcycle insurance, and other motorcycle riding laws. The Wilmington motorcycle accident lawyers at Jacobs & Crumplar, P.A. are experienced in handling all aspects of motorcycle accident cases – we will work with your motorcycle insurance carrier, your health insurance provider, and other parties to recover maximum compensation for your injuries.
Common Causes of Motorcycle Accidents
Even the most careful motorcyclists can get in accidents due to poorly maintained roads, inclement weather, or vehicle defects. However, motorcycle crashes are frequently caused by another driver’s negligence.
Some common causes of motorcycle accidents include:
- Drunk driving
- Distracted driving
- Failure to yield
- Inattentiveness/Driver failed to see motorcyclist
Common Motorcycle Accident Injuries
More than 80 percent of all reported motorcycle accidents result in the motorcyclist being injured or killed, according to the NHTSA. Motorcycles do not offer safety belts, airbags, or doors for protection, as other vehicles do. Additionally, drivers of cars and other vehicles often fail to “share the road” with motorcyclists.
Because of their relative vulnerability, motorcyclists are more likely to suffer serious injuries, which can include:
- Broken bones
- Road rash
- Leg injuries
- Head injuries, including traumatic brain injury (TBI)
Delaware’s Modified Comparative Fault Rule
Delaware follows a modified comparative fault rule, which states that each case is evaluated to determine what percentage each party was at fault for the accident. The monetary equivalent of the plaintiff’s percentage of fault is subtracted from the total amount of compensation they are to recover – as long as they are not determined to be more than 50 percent responsible for the accident.
Therefore, if the defendant is 100 percent to blame, then the plaintiff should be able to recover 100 percent compensation. However, if the plaintiff was 30 percent to blame, then they might only recover 70 percent compensation. If the plaintiff was more than 50 percent to blame, then they will likely not be able to recover any compensation.
In light of Delaware’s modified comparative fault rule and other unique limited-recovery insurance laws, it is imperative to have an experienced lawyer on your side.
Types of Compensation Available to Those Injured in a Motorcycle Accident
There are several types of compensation available in personal injury cases. If you were injured in a motorcycle accident, you may be entitled to compensation for:
- Medical bills
- Lost wages
- Rehabilitative expenses
- Physical property damages
- Permanent, serious impairment or disfigurement
- Pain and suffering
- Loss of enjoyment
- Loss of life
Insurance companies may try to get you to agree to a settlement that is less than what you deserve. Do not rush to any decisions, but keep in mind that the statute of limitations in Delaware is two years from the date of the accident.
Wilmington Motorcycle Accident Lawyers at Jacobs & Crumplar, P.A. Provide Experienced Personal Injury Representation to Accident Victims
If you were injured in a motorcycle accident caused by someone else’s negligence, contact the Wilmington motorcycle accident lawyers at Jacobs & Crumplar, P.A. today. From our offices in Wilmington and Georgetown, we represent clients throughout Delaware, including those in Dover and those in New Castle County, Sussex County, and Kent County. Contact us online or call us at 302-656-5445 to schedule a free consultation.