Americans in general and Idahoans in specific love motorcycles. Perhaps it is their history in American society that draws us to them. Maybe it’s their pure power. Or perhaps it is that they represent the freedom of the open road. They allow people to move quickly and easily through traffic traveling at high speed. Their sleek shapes are mesmerizing. Their unique body styles are captivating.
Many of the wonderful things that we love about motorcycles also tend to allow for more severe accidents and injuries. For instance, we are excited by the freedom and openness they allow for on the road. However, this same openness eliminates such safety features as airbags and seatbelts. Of course, a rider may and should wear helmets and protective clothing, but these things do little to help during high speed accidents with other vehicles that occupy the roadway. Here at Racine Olson in Pocatello and Boise Idaho, we understand the allure of motorcycles. We have also handled cases where motorcyclists were severely injured or killed. We can help.
Motorcycle Accident InjuriesIf a person were to review our blog or our other web pages, they would find that there are numerous thoughts and ideas about the injuries that can be sustained in various accidents. In a motorcycle accident, almost any injury is possible. These can include traumatic brain injuries, broken bones, loss of limbs, back and spinal cord injuries, and head injuries.
The fact that you are on this webpage indicates that you may have been in an accident on a motorcycle and have experienced one or more of these injuries. These injuries can be life altering. Medical bills may be mounting. You may be out of work. We can help with these types of problems and help ease your mind.
Claims of Motorcyclists’ NegligenceMotorcycle accidents generally involve another vehicle. The driver of the other vehicle may tell the investigating police that the motorcyclist was weaving through traffic or passing when it was unsafe, or perhaps going faster than the speed limit allowed. All of these things benefit the driver of the opposing vehicle. It is important that we show these allegations to be false.
Idaho has a harsh contributory negligence rule. Idaho Code § 6-801 provides that if the injured party was comparatively responsible for the accident, his or her damages “shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering.” In other words, if the motorcyclist is found to be 20% at fault, and the verdict is $100,000.00, then that verdict is reduced by the amount the motorcyclist is at fault, or 20%. If the injured party is 50% negligent for the accident then they do not get to recover anything at all. Vaughn vs. Porter, 140 Idaho 470, 95 P.3d 88 (Ct. App. 2004). These rules require that a party refute any suggestion that the collision or accident may have been their responsibility.
Racine Olson can help you navigate these rules. We have the experience in handling these sorts of cases. In addition, we can hire the experts needed to ensure that your claim is preserved and that baseless claims are defeated.
Reacting to an AccidentAn injured motorcyclist must be aware that immediately following the accident, they will be approached by insurance companies seeking to obtain statements or get the rider to sign a settlement agreement for a smaller amount of money than is rightfully theirs. That is where we come in. You need to get help from attorneys who understand how insurance companies work and how this new challenge can be conquered. This is a time when you need to focus on getting well and allow us to help you solve this legal problem.
Give us a call at Racine Olson and schedule an appointment to discuss your accident with an attorney today. We will visit with you for free and give you advice as to your options. There is no fee unless we recover. Give us a call and together and we can solve this problem. Problem solved.