Road rage is very real and occurs more often than many people realize. Motorcycle enthusiasts may experience it even more than the typical motorist. As a result, they are sometimes injured by another driver’s negligence or their malicious intention.
Road Rage Can Happen Anywhere
Road rage does not only occur in congested traffic on busy highways, even though that scenario is common.
- It can happen in remote locations along the highway, and accidents may not always be the result of intentional acts. But, there are often intentional acts of the aggressive motorist that ultimately lead to a crash.
- Motorcyclists do not have the same level of protection as when riding in passenger vehicles. For bikers, even a seemingly minor crash can result in serious injuries that can impact the rider for life.
- Road rage incidents almost inevitably will be contentious in terms of assigning liability or fault. As a result, a victim’s injury claim may be denied. This is why it is important to have an experienced motorcycle accident attorney handling your claim.
Comparative Negligence Laws
Comparative negligence laws vary by state. Consult with a motorcycle accident attorney to learn how they apply in your situation. General information is as follows:
- Pure comparative means that anyone injured in an accident can recover a percentage of their damages if they are not 100% responsible for the motorcycle accident.
- Negligence does not always apply in states that use “no fault” insurance law, as injured claimants file with their personal insurance company first before the case is evaluated for recovering additional damages.
- The opportunity to file for additional negligence damages is often allowed in road rage cases because many times one party is the aggressor and the other is the respondent driver.
- The challenge for the court, and for the jury if a case goes to trial, is to determine who instigated the crash.
- The final assessment of who is the negligent party, and by what percentage they are at fault, is considered in a settlement agreement.
Road rage cases are often challenging to win which is why having an attorney on your side can make all the difference. In addition, a comprehensive accident investigation may be necessary and most law firms have private investigators with whom they work on a regular basis. It may be in your best interest to choose an experienced motorcycle accident attorney who understands how to craft a case involving road rage and let them put their experience to work. Contact a motorcycle accident lawyer trusts today for a free consultation.