Can I sue a driver who hit me on my motorcycle if the driver claims he did not see me?
- October 4, 2017
Motorcycle accidents are some of the most horrific accidents on the road. The risk of a fatality to a motorcyclist is a whopping 35 times that of someone riding in a passenger car. This shows just how much danger that motorcyclists face on the road. Disturbingly enough, this ISN’T because motorcyclists aren’t skilled and capable of driving their vehicle. Due to the fact that motorcycles are smaller and have less protective structure surrounding them, it’s just more dangerous to have a crash while on a motorcycle. Most motorcyclists know this and accept the risk. Most of the time, it works out for them. Sometimes the worst case scenario happens and they face a lifetime of pain and injury or – even worse – death in a motorcycle accident.
Some people wonder if they are able to sue a driver if the driver claims they didn’t see the motorcycle before the crash. This is an interesting question. Consider for a minute that if you replace “motorcycle” with “car”, the question is, can I sue a driver if they claim they didn’t see my car? The answer is: YES. A motorcyclists has every right to sue a negligent driver, even if that driver claims they didn’t see the motorcycle.
The question in this instance will be like that of any other case where there’s a dispute in accounts or an excuse given for causing a crash. If the driver has a non-negligent reason for not seeing the motorcycle, they may not be responsible, or if the motorcyclist somehow violated the rules of the road and was negligent in their own way, the motorcyclist might not have a strong case for filing a lawsuit. Only a thorough investigation will determine the reasons why the driver failed to see the motorcycle on the road. This investigation will include reading through police reports, reading eyewitness accounts to the accident, reading both sides of the story from the motorcyclist and the driver, and then going through the damages that were caused as a result of the accident.
Once again, the answer is yes. You can sue a driver even if they claim they didn’t see your motorcycle on the road. Many drivers perform acts of negligence on the road and fail to see things in front of them that result in horrific injury. The question will be whether the driver’s not seeing the motorcyclist was because of some negligent act. For example, a drunk driver definitely might be paying enough attention to the road and will fail to see a motorcyclist much easier than they fail to see a car. If they run over the motorcycle and kill the cyclist, it doesn’t mean they’re not responsible just because they failed to see the motorcyclist. Their drinking impaired their driving and it was a negligent act that led to them failing to see the upcoming motorcycle.
There’s never a good excuse not to pay attention to the road, especially once you become aware that there’s a motorcyclist on it. You should be paying MORE attention to the road if you notice a motorcycle because they are in greater jeopardy than you of grave injury from an auto accident. If you’re driving distracted, drowsy, or especially drunk, that’s still not an excuse to not see a motorcyclist.
Our law firm takes on tough motorcycle accident cases and gives them the attention and care that they deserve. No one deserves to lose their life or their health because of a motorcycle accident. We’re here to protect your rights and look over your case so that you can get the justice you deserve. If someone negligently injured you or another person you love by failing to see the motorcycle in the first place, don’t hesitate to file a lawsuit. You’re allowed to and in fact you should.
Calling our law firm today will help us get the wheels in motion on your motorcycle accident case. We’re here to represent you during every facet of your lawsuit and see to it that the people who hurt you or someone you love will be held accountable for their actions. Call or write to us today and let us help you win.