When you are in a motorcycle accident, one that another person causes, it can be frightening to realize just how dangerous the situation can be. How could poor visibility contribute to your motorcycle accident, and if it does, will it impact your case? At Triumph Law, P.C., we recognize the challenges you are facing and will work tirelessly as a trusted and experienced motorcycle accident lawyer in Elk Grove to protect your rights to compensation.
Does Poor Visibility Contribute to Motorcycle Accidents?
The reality is that the lack of “seeing the motorcycle rider” is one of the most common causes of accidents related to motorcycle riders, as noted by a study published in the National Institutes of Health. When you add in fog, rain, or other bad weather conditions, that can increase the risk that the other driver does not see you there, and as a direct result of this, it can put you at risk for a wide range of accidents, some of which may be life-threatening. Several key factors contribute to the problem here:
- Drivers who are unable to see the road in front of them are at an increased risk of being in a collision with anyone, especially a smaller motorcycle that has smaller lights.
- Drivers who are operating in low visibility are often speeding, which makes it impossible for them to stop quickly to avoid an accident from occurring.
- Many drivers in these rough conditions may not assume that a motorcycle rider could be present, and that means they are less likely to be on the lookout for them.
When the other driver cannot see your headlight or brake lights or does not take into consideration the potential for the motorcycle rider to be present, that puts everyone at risk. Poor visibility is a very real reason for such accidents to occur and can lead to an increase in the number of them. At the same time, motorcycle accidents like this can be more severe simply because a car versus motorcycle is likely to cause more damage than a car versus another car accident.
Is It Your Responsibility to Stay Off the Road?
It is important to note that if road conditions are bad, you should take steps to minimize the risks present, and that often means wearing reflective clothing and paying close attention to other drivers. However, every person on the road shares equal responsibility when it comes to avoiding collisions and protecting other drivers. If they fail to control their vehicle and operate it in a safe manner, and they strike you, the losses are likely to be their fault.
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How Can Low Visibility in a Motorcycle Accident Impact Your Case?
As with all types of motorcycle accidents, you will need to prove that the other party had a duty to keep you safe on the road – and all drivers do if they get behind the wheel of a car – and the driver failed to do so. In low visibility situations, all drivers are required to uphold their duty to care for others on the road with them, but there are some that may not. This leads to a failure of the other driver and may allow you to prove negligence if you can meet these four elements:
- The other driver owed you a duty of care.
- Their actions or inactions on the road led to their failure to uphold that duty of care.
- That failure is what caused the accident to occur and the injuries you suffered.
- You incurred financial losses related to the motorcycle accident.
While low visibility may be a factor in determining if negligence occurred, proving negligence through these four steps is equally important. When you work with our motorcycle accident attorney, we will help you navigate these complicated areas of the law to help streamline the end result. Let us go to work for you to prove that the other driver was responsible and, as a result, owes compensation for your losses.
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Potential Losses in a Motorcycle Accident with Low Visibility
Motorcycle accidents of all types can lead to numerous complications in losses, but when you factor in poor visibility, it is likely that the losses will be amplified. If you are like many other people, you may have numerous injuries and risks associated with your accident. Some of the most common losses include the following:
- Road rash
- Broken bones or shattered bones
- Traumatic brain injuries
- Spinal cord damage
- Internal bleeding and organ damage
- Degloved limbs
When you are in an accident like this with a large vehicle, your health and well-being are at risk, and when the accident is fully preventable, those losses are magnified. Do not overlook how much an accident like this could cost you, and in some cases, it may even lead to the loss of life. Additional potential damages include pain and suffering, loss of quality of life, mental anguish, and emotional trauma, as well as loss of consortium.
Did Your Loved One Die as a Result of a Motorcycle Accident Like This?
Low visibility is a very common cause of serious and fatal motorcycle accidents, and if your family member lost their life as a result of this, we encourage you to reach out to us for one-on-one help and guidance. We will work to help you secure compensation related to this loss, including compensation for the financial losses they suffered at the time of death, as well as losses you may suffer without their presence in your life. Let us pursue fair and complete compensation in a wrongful death case like this.
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At Triumph Law, P.C., our motorcycle accident attorneys can provide you with the hands-on support you need after a devastating loss like this. Visibility can be a factor in your case, and we will work to show that you are still owed compensation. Set up a free consultation to speak to our attorneys now to learn what your rights are.