The National Highway and Transport Safety Authority (NHTSA) found that speeding accounts for 33% of motorcycle accidents. The speed at which many motorcycle accidents occur is above posted speeds. The posted interstate limit in Georgia and South Carolina is 70. Motorcycle accidents differ from other vehicular accidents due to the severity of riders’ injuries.
Motorcycles are smaller than other vehicles and have no exterior protection. The driver or passenger absorbs much of the impact in an accident. These accidents involving speeding often result in a collision with another vehicle.
When Is a Motorcycle Accident Attributable to Speed?
Georgia follows a comparative fault doctrine. This allows you to make a personal injury claim even if you are partly at fault. The law calculates the settlement you can receive based on the percentage of fault. If you are more than 50% at fault, you could not recover damages.
Some states mandate motorcycle helmet use from riders and passengers. Not wearing a helmet could lead to serious injuries, even at the lowest speeds. A motorcycle accident is attributable to speed if:
- The motorcyclist has a known history of speeding
- The accident occurred during an illegal race
- The motorcycle exceeded the recommended speed limit at the time of the accident
- The motorcyclist was going too fast in the prevailing conditions
High speed increases the probability that a motorcycle accident will happen.
Who Is the At-Fault Party in a Motorcycle Accident?
Many parties could be at fault for your accident. Your lawyer will explore all evidence relevant to your situation. Some of the most common causes of motorcycle accidents include the following situations:
A Municipality Could Have Caused a Motorcycle Accident
The government might be liable if poor road conditions cause the accident. For instance, a highway on-ramp might have been designed incorrectly. A relevant transportation authority might have failed to salt the roads after a freeze, causing an accident.
A Vehicle Manufacturer Could Have Caused a Motorcycle Accident
The vehicle or motorcycle’s mechanical failure could also cause an accident. Proving this might show that the party at fault is the car or motorcycle manufacturer. Examples of this situation might look like:
- Brake defect
- Tire defect
- Steering wheel defect
- Internal component defect
Driver Error Could Have Caused a Motorcycle Accident
Motorcycles are small, and many motorists often do not see them. A lack of awareness from motorists increases a motorcycle collision risk.
The motorcyclist or the other driver could be at fault in an accident if they engaged in any of the following reckless driving behaviors:
- Driving under the influence of alcohol
- Unsafe lane changes
- Poor road conditions
- A vehicle’s mechanical failure
Motorcyclists should always report any accident they get involved in. Reporting a motorcycle accident can support your claim. If you or your loved one sustained damages, you could retain an injury lawyer.
Can You Get a Settlement If the Liable Party Has Fled the Scene?
If a motorist flees the scene of a motorcycle accident, you could still file a claim. In many states, motorcycle owners must carry minimum liability coverage. This usually includes $25,000 for bodily harm. You could also purchase uninsured and underinsured motorist coverage, which covers you when you get into an accident with a driver with no insurance or an insufficient amount.
If the motorist flees the accident, you could recover compensation through your uninsured/underinsured motorist coverage. The coverage extends to motorcyclists and is active only if you have not refused it in writing.
The insurance company may not explicitly tell you that you have uninsured or underinsured coverage. Your personal injury lawyer could review your coverage and inform you of your options. The settlement you receive will depend on various factors such as:
- The medical expenses you incurred
- The treatment you need
- How the accident impacts your future earnings
- The percentage of fault you bear
- Lost income
- The severity of non-economic damages such as pain and suffering
The speed a motorcycle accident happens at is a good question to consider. If your accident occurred from another speeding driver, you could file a claim.
Our Team Is Familiar With Motorcycle Accidents Involving Speeding
Motorcycle accidents happen all the time and are not necessarily caused by speeding. If you or your loved one has suffered a motorcycle accident, seek legal help.
Your lawyer will help you make a personal injury claim, even if you are partly at fault for the accident. Contact George Sink, P.A. Injury Lawyers at (888) 612-7001 today and get a free consultation. Our client testimonials support our team’s representation style.