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Lawyers for Motorcycle Accident Due To Aggressive Driving
There is no question that aggressive driving can potentially result in an accident — sometimes causing severe or even life-threatening injuries to others on the road. If your motorcycle accident resulted from someone else’s aggressive driving, you need to understand your legal rights and options for recovering compensation for your injuries.
What You Need to Know About Motorcycle Aggressive Driving Accidents
AAA defines aggressive driving as “any unsafe driving behavior, performed deliberately and with ill intention or disregard for safety” and offers the following examples of aggressive driving behaviors:
- Speeding in heavy traffic
- Tailgating
- Cutting in front of another driver and then slowing down
- Running red lights
- Weaving in and out of traffic
- Changing lanes without signaling
- Blocking cars attempting to pass or change lanes
- Using headlights or brakes to “punish” other drivers
Research conducted by the National Transportation Safety Board underscores the importance of being alert to other drivers who are potentially aggressive or fail to follow the rules of the road — and the significance of having even a short amount of time to avoid an accident.
According to the report: “The NTSB found that other vehicle drivers were more likely to experience a perception failure than motorcycle riders. These scenarios often involved sight distance and conspicuity issues, such as the other vehicle driver failing to detect the motorcycle or to discern that a dangerous condition existed. For riders, the more important determinant of crash involvement was the amount of time available between the precipitating event and the moment of crash impact. Most riders had a few seconds or less to recognize that a dangerous condition existed, decide what to do, and react to the situation.”
Aggressive driving is responsible for many accidents each day, some of them resulting in serious, even catastrophic injuries. It is often caused by a reckless and dangerous indifference to the rules of the road, consciously deciding to drive in a way that endangers others.
The National Highway Traffic Safety Administration also points out the dangers of aggressive driving tactics becoming even more serious, sometimes culminating in dangerous road rage incidents. “The shocking reports of road rage incidents appeared to many observers to coincide with a noticeable increase in aggressive driving, in general, and a sharp decline in civility and respect for other motorists and traffic laws.
The AAA Foundation for Traffic Safety studied more than 10,000 reported cases of road rage and found a 51 percent increase in serious incidents between 1990 and 1996. A national survey found that 60 percent of motorists believe that unsafe driving by others is a major personal threat to them and their families; 75 percent of the respondents consider it to be “very important” to do something about unsafe driving.”
Motorcycle Injuries Resulting From Aggressive Driving
There are many different injuries that can result from a motorcycle accident involving an aggressive driver. For example, the following types of injuries are common:
- Head injuries, concussions, and traumatic brain injuries
- Back, neck, and spinal injuries, sometimes including partial or full paralysis
- Broken or fractured bones
- Injuries to internal organs or internal bleeding
- Limb amputations
- Burns, road rash, and other abrasions
- Whiplash and other soft tissue injuries
- Scars or disfigurement
- In the most extreme cases, wrongful death
If you’ve been injured in a motorcycle accident involving aggressive driving, you may be able to recover various types of compensation for the damages you have incurred as a result. You can recover the costs of your doctor’s visits, hospital stay, medical treatments, medical testing and imaging, prescription medications, and rehabilitative or nursing care.
You can also recover the costs of repair or replacement of your motorcycle or vehicle, as well as any lost wages or income you’ve incurred if you cannot work as a result of the accident. Moreover, you may be able to recover damages for non-economic losses, such as pain and suffering, mental anguish, scarring or disfigurement, and a general decrease in the quality of your life.
Who Is Liable for an Accident Caused By Aggressive Driving?
Generally, to prove liability in a motorcycle accident caused by aggressive driving, you will need to prove negligence: that the other driver or rider breached their duty of care on the road when they drove aggressively, directly causing your injuries. Anyone who contributed to the cause of the accident could be held liable for the injuries they have caused on the road.
There are various factors to consider in establishing liability for an accident that resulted from aggressive driving. Looking at the driver’s behavior, of course, is the starting point — you can establish fault through evidence of aggressive driving behaviors, like speeding, weaving, or tailgating. Additionally, observed witness testimony regarding the behavior of the other driver can be helpful, as well as video evidence of the accident, such as a dash cam or nearby surveillance camera footage.
Proving liability in an accident can be difficult — you should not try to go it alone. A knowledgeable, experienced motorcycle accident attorney’s help will be invaluable, both in negotiating with the other party and their insurance company and in establishing your claims in court.
Why Turn to Bretz Injury Law if You’ve Been Injured as a Result of Aggressive Driving?
At Bretz Injury Law, we fight to help motorcycle accident victims recover fair compensation for all of their physical, emotional, and financial losses. Our Kansas motorcycle aggressive driving accident lawyers know how to build powerful claims and aggressively negotiate with insurance companies for fair settlements, but when this is not possible, we are fully prepared to represent our clients at trial.
If you’ve been injured in a motorcycle accident as a result of someone else’s distracted driving, you shouldn’t have to deal with the aftermath on your own. When you trust your case to Bretz Injury Law, you get more than a single lawyer on your side; you get an entire team of experienced legal professionals all working together to secure the best possible outcome on your behalf. Our Kansas personal injury lawyers can help you understand your rights and fight for the fair compensation you are owed. Contact us today to schedule your free consultation.
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