Why Distracted Driving Is More Dangerous For Motorcyclists
Because a motorcycle is smaller and more difficult to notice, motorcyclists are very often the victims of distracted drivers. Whether the driver is on a cell phone or distracted by other passengers in the car, taking their eyes off the road for a few seconds can be enough to cause a painful motorcycle accident.
How a Driver Can Be Distracted
Some drivers take their eyes off the road. Even doing so briefly can lead to a catastrophic accident. However, a driver might also be distracted because they do not have their hands on the steering wheel and are unable to make necessary emergency maneuvers.
The driver might also simply be distracted cognitively. For example, the driver might be focused on another distraction such as an argument occurring within the car at the time of the accident. Even using a cell phone hands-free can be a distraction. This can lead to the driver not processing what is occurring. This is especially likely when the driver is under the influence of alcohol or exhausted.
Distracted Driving Is More Dangerous for Motorcyclists
A small nudge by car might leave only a dent when hitting another car. However, that same accident can send you tumbling off your motorcycle and cause very serious injuries. For this reason, you will want to use the fact that the driver was distracted to seek the maximum possible compensation for your injuries.
How to Prove That the Driver Was Distracted
The driver might admit that they're distracted after the accident. If this is the case, and you have a witness to the admission, you may be able use the witness testimony to prove that you were injured. However, if you do not have any witnesses, there are other ways to prove that the driver was distracted.
If the driver was on their cell phone, a motorcycle accident attorney would be able to subpoena cell phone records. Also, how the accident occurs can serve as evidence that the driver was distracted. The lack of skid marks can indicate that the driver did not brake and was, therefore, likely distracted and didn't see you.
Comparative Negligence
The other driver will likely try to blame you for the accident such as if you are lane-splitting. They might claim that your failure to wear a helmet caused your injuries to be more severe. But with an experienced motorcycle accident attorney, you will be able to effectively fight these accusations.
Contact a local motorcycle accident lawyer to learn more.