Riding a motorcycle is a simple and enjoyable activity so long as you and the other vehicle drivers on the road follow the traffic rules. The tragedy is that human beings are not always doing what they are supposed to do, and one never knows when a driver or a rider may lose focus or go berserk.
As per the Insurance Information Institute, 82,000 motorcycle accident-related injuries were reported in 2018, of which 4,985 were fatal. As per the National Highway Traffic Safety Administration (NHTSA), fatalities reported for motorcycle accidents are 5 times higher (59.34 per 100,000 registered vehicles) than fatalities reported for car accidents.
Claims are filed regularly and daily face-offs between the victims and the lawyers of the at-fault parties and the insurance companies are common at the negotiation tables. To help people involved in an accident and their loved ones negotiate the complex laws, we compiled a checklist that most Utah motorcycle accident lawyers use to figure out if the case has a strong foundation.
The Utah Motorcycle Accident Lawyers’ Checklist
1. Was a passenger riding on the motorcycle? If so, was the motorcycle built to carry more than one person?
Utah’s laws specify that (i) the rider must be riding in a normal position at the time of the accident, (ii) his motorcycle should be built to carry more than one person (in case he was carrying a passenger at the time of the accident), and (iii) he or his passenger shouldn’t have been engaged in any distracting activity that could have impacted the motorcycle operation or blocked his vision, causing the accident.
2. What information did the rider disclose immediately after the accident?
Many riders confront and argue with the at-fault driver or rider after the accident or express their opinion to the police. They are supposed to do nothing like that because an argument will get them nowhere. Their opinion, expressed at a time when they are in shock and injured, can come out all wrong and be used against them. Experienced motorcycle accident lawyers always suggest that it is reckless to do so. Just stick to the facts and answer what the cops ask.
3. Were Utah’s helmet laws followed?
Though we urge all riders to wear protective headgear, Utah’s laws require only riders below the age of 21 years to wear a helmet that is made as per DOT standards. The thing is that if a rider involved in an accident was wearing a helmet, the lawyer can then argue in his favor saying that he is a cautious rider who takes proper safety measures on the road, and that the injuries could have been really serious had he not been so.
Thus, wearing a helmet increases not just the safety quotient but also the chances of winning the case, while shifting the heat to the other party.
Also, know that even if you were not wearing a helmet, you can still successfully file a compensation claim.
4. Was Utah’s Lane Filtering Law Followed?
From 2019, Utah’s motorcyclists can continue riding between cars even when they are stopped, so long the speed limit on that road is 45 MPH or less, and the motorcycles travel at a speed not exceeding 15 MPH.
Most motorcycle accidents in Utah occur when the motorcycles are rear-ended. The lane filtering laws have been introduced to avoid such accidents and congestion on the roads. Motorcycle accident lawyers in Utah check if any violation of the new lane filtering law resulted in an accident to establish fault.
5. Has the Driver Complied with Safety Inspection Regulations?
As per Utah Admin Code R714-161, all motorcycles must be inspected to ensure they comply with the state’s standards. For example, an owner of a modified motorcycle must ensure that it is street-legal, get its emission checked at the suggested intervals, and also ensure that the motorcycle is roadworthy if it is 10+ years old.
The above checklist helps Utah motorcycle accident lawyers learn if the rider was on the right side of the law and advise him on how the at-fault party and insurance companies should be tackled.
If you’d like to pick up tackling skills, we urge you to contact us.
FREE INITIAL CONSULTATION
Our firm specializes in the personal injury niche and we employ lawyers who are experienced in each subset of personal injury law.
Our Utahn motorcycle accident attorneys who have helped hundreds of victims get millions of dollars in compensation claims, now offer you a no-obligation, no-cost, and no-pressure meeting in which you’ll learn how we navigate the complex motorcycle accident laws in Utah.
Remember that we assign an experienced attorney to every motorcycle accident case from the beginning to its conclusion, while many other firms assign a paralegal or a junior lawyer. We do not compromise on time and ensure that a point of contact is available to the client 24/7.
You have absolutely nothing to lose and a whole lot to gain by talking to us!
Contact us now to set up your no-obligation, no-pressure, free meeting.
