According to the Centre for Accident Research and Road Safety Queensland, the severity of the injuries sustained by that of the motorcyclist, in a motor vehicle accident, are much greater than that of other road users.
Statistics reveal that crashes involving a motorcyclist, are usually caused by a vehicle other than that of the motorcycle. Usually the cause of the accident is due to the driver of the other motor vehicle failing to give right of way to the motorcyclist.
How are motorcyclist accidents different to other motor vehicle accidents?
One key difference between motorcycle accidents and other motor vehicle accidents is the severity of the personal injury sustained by the motorcyclist when compared to the other driver involved in the accident. Statistically, motorcyclists are considered to have a greater risk of sustaining a significant injury or death because of a number of factors including:
- Motorcyclists are relatively unprotected, especially when compared to a driver of a car. More than half of the fatal motorcycle accidents that occurred in Australia involved a car.
- Inability of other road users to detect the presence of the motorcyclist or judge the speed at which the motorcyclist is approaching.
- The motorcyclist’s lack of riding experience or inconsistent riding experience.
- Instability of the motorcycle caused by breaking or having a passenger.
- Poor riding conditions including gravel on the road, poor road markings or condition, obstructions on the road etc.
- Inexperienced, weekend “thrill seekers” are more prone to taking risks.
- Driver fatigue.
If a motorcyclist is either injured or killed as a result of an accident, who will be held accountable?
A claim is usually made against the at-fault driver’s Compulsory Third Party (CTP) insurer or against the individual who caused the personal injury or fatality. Contact us now on 1300 720 544 to organise your no-obligation, free consultation with one our accredited personal injury law specialists to review your circumstances and advise you as to your best options.
What happens if I contributed towards the accident?
If you either contributed towards or caused the accident, you may be found to have contributed towards your injuries. As a consequence, your damages may be reduced. Contact us now on 1300 720 544 to organise your free consultation with one our personal injury law specialists so that you may be better advised as to what would be your best course of action.
Some of the factors that may reduce or prevent you from obtaining damages include:
- Driving while intoxicated;
- Breaking the road rules. For example, crossing a double line when driving around a bend;
- Riding a motorcycle without a helmet;
- Driving unlicensed.
- Speeding or engaged in “risky” driving.
What other options do I have if I can’t make a claim for personal injuries resulting from my motorcycle accident?
Call us now on 1300 720 544 to organise a free consultation to discuss what options you may have available given your circumstances. You may be able to make a claim through your superannuation’s Total and Permanent Disability (TPD) policy also.
How to help avoid being involved in a motorcycle accident
- Motorcyclist Driver Skills: Continually strive to be a better educated and skilled motorcyclist. You can improve your riding skills by completing an advanced driver course. Ride your motorcycle at regular intervals to remain “riding fit”.
- Appropriate Riding Gear: Clothing that has been designed and made with the motorcyclist’s safety in mind may help reduce the extent of the personal injury sustained by the driver if they come off their bike. Avoid riding your motorcycle while wearing shorts. The less skin that is exposed, the better. Wear a full face helmet, boots that protect your ankles and riding gloves. Wearing bright colours, especially on your jacket and helmet, will help improve your visibility on the road.
- Watch other drivers: Remaining vigilant while riding your motorcycle can help you avoid being involved in a motorcycle accident.
- Do the wheels of the car in front of you indicate that they are going to turn?
- Is a driver approaching from behind too quickly?
- If there is a gap in traffic, does that mean that a driver of a motor vehicle will take advantage of that gap? Be constantly aware of your options with respect to taking evasion action.
- Be aware of a driver’s blind spot. If you can see the driver’s eyes in the rear view mirror, there is a greater chance that they can see you too. Avoid blind spots.
- Be alert as to the likelihood of the car driver changing lanes. For example, is there congestion in a particular lane up ahead of you? Is it then likely that the driver of a car will want to change lanes?
- o Not only should you ride at the legal speed limit you should always ride at a speed whereby you can see ahead and thus be able to react when required