As experienced car accident attorneys, the personal injury lawyers at Rosenberg McKay Hoffman in Honolulu understand the serious risk motorcycle riders face in the event of an automobile collision. Motorcycle riders are at risk for serious injury or wrongful death from an impact with a larger, heavier motor vehicle. Like other personal injury victims, motorcycle riders who are injured by the negligent or wrongful conduct of another may be able to recover compensation for the damages caused to them, but as with any car accident, the burden rests on the injured plaintiff to prove all the elements of the case to the satisfaction of a jury.
Aggressive, Negligent, and Reckless Drivers
Being much smaller than other motor vehicles on the road, motorcycles are often not seen by car and truck drivers. A careless car driver who does not check mirrors and look behind before making a lane change may not see a motorcycle in time to avoid a collision. Even drivers who are aware of motorcycles on the road often do not give them adequate space or respect, and their reckless driving may force a motorcyclist off the road, into a flip or skid or collision with another vehicle or obstacle. A rider involved in a serious accident may incur broken bones, a head injury, neck injury, or back injury, or worse.
Motorcycle Rider Error
Motorcycle riders must themselves ride with the care and caution of a reasonable person. Bikers are often tempted to pass other vehicles with sudden or aggressive maneuvers. Bikers should know the limitations of their vehicle and appreciate the fact that they are less visible to car drivers than other, larger motor vehicles.
A common defense in a motorcycle accident is that the plaintiff was driving carelessly or recklessly. Your attorney has the dual job of proving the fault of the defendant while also defending against claims that your own negligence caused or contributed to the accident. However, even if the jury finds that you were partially to blame, as long as you were not more at fault than the defendant, Hawaii law allows you to recover compensation for the portion of the defendant's negligence which caused your injuries.
Whatever the circumstances, we will fight to get the most compensation due to you for your injuries and other damages, whether in the form of a settlement with the insurance company or a jury verdict following trial. If you or a loved one has been injured in a Hawaii motorcycle accident, please contact Rosenberg McKay Hoffman in Honolulu for a free consultation.