Motorcycle Accidents


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Motorcycle Accident

Particularly once Vermont winters have run their course, many people like to ride motorcycles to travel between locations across Vermont, whether recreationally, travelling to or from work or school, visiting friends, or traveling for other purposes. Riders are able to enjoy the breeze and enjoyable ride, while traveling  more quickly and efficiently than when using in other types of vehicles. Unfortunately, the positive aspects of owning one of these vehicles do not provide protection for motorcyclists against other drivers on the road.

When compared to other types of motor vehicles, those who operate motorcycles are at an increased risk of suffering substantial injuries in the event of an accident. Motorcyclists often remain almost entirely exposed to the elements and without protection against automobiles weighing thousands of pounds.

If you or a loved one were injured in a motorcycle accident that was caused by the negligent actions of another person, it is imperative for you to contact the skilled and aggressive motorcycle accident attorneys at Kohn, Rath, Danon, Lynch & Scharf, LLP as soon as possible to discuss your accident and find out if you have the right to file a claim for your injuries and damages.

Individuals involved in motorcycle accidents often sustain serious injuries. These individuals are often rushed from the scene to a nearby hospital for treatment. After extensive testing and procedures, victims may end up with casts, broken limbs, or even paralyzed, and of course tragic fatal accidents also occur. The devastating impact of motorcycle accidents often prevents victims from getting back on a bike in the future, or from enjoying many other aspects of their lives. Attorneys at Kohn, Rath, Danon, Lynch & Scharf, LLP represent injured riders by performing extensive legal research and using their knowledge, skill, and experience in order to ensure our clients achieve the best possible outcome in each case.  Often experts are hired as reconstruction specialists to determine the exact mechanics of the accident.

Although there are several reasons why motorcycle accidents occur, motorcycle operators are often blamed. Unfortunately, motorcyclists are often victimized by hazardous traffic conditions, drunk drivers, and reckless drivers who are unable to notice motorcycles in their blind spots. Motorcyclists are often forced off roadways by drivers who switch lanes without looking and those who turn quickly and carelessly.

As a result of motorcycle accidents, victims often sustain serious injuries including:

  • Spinal cord injuries;
  • Traumatic brain injuries;
  • Road burns;
  • Abrasions; and
  • Broken bones.

A large percentage of motorcyclists are killed each year across the country. When motorcyclists die as the result of injuries sustained in an accident that was caused by another driver in Vermont, surviving family members are able to file wrongful death claims to collect monetary reimbursement from at-fault drivers. Working with the legal team at Kohn, Rath, Danon, Lynch & Scharf, LLP will ensure that you obtain fair and full compensation for your claim.

Factors That Contribute To Motorcycle Accidents

Motorcycle accidents can occur for a variety of reasons. Unfortunately, no matter how cautious a motorcyclists are, they are unable to control other dangers and drivers on the roadway. Our attorneys at Kohn, Rath, Danon, Lynch & Scharf, LLP understand the unique challenges motorcyclists face while trying to safely maneuver along Vermont roadways. We work diligently to help victims who are injured by circumstances like:

  • Driving Conditions: Motorcyclists often sustain injuries in accidents caused by potholes, ruts, and items in the roadway. Motorcycles balance on two wheels, which make it difficult for them to remain in control while passing over rough and unsafe ground conditions. Unfortunately, motorcyclists often do not notice obstructions in the roadways until it is too late.
  • Inclement Weather: Wind, snow, ice, rain, and fog can all be extremely hazardous to motorcyclists. When these weather conditions come on suddenly, auto drivers who share the roadways with motorcyclists are often unable to see motorcycles around them. The severely impaired vision of drivers places motorcyclists at increased risk of being involved in accidents.
  • Poor Traction: Surfaces which are covered with gravel, grass, mud, leaves, or oil can cause motorcyclists to suffer from poor traction. Not being able to sustain traction on the roadway can cause a motorcyclist to lose control of their vehicle.
  • Damaged Surfaces: Rough patches and broken roadways can throw motorcyclists off balance and cause accidents and injuries.

Accidents Caused By Negligent Drivers

Car and truck drivers often forget that motorcyclists can slip into their blind spots quickly or that motorcycles can become concealed by other objects or vehicles.  Moreover, when drivers fail to adequately judge how fast motorcycles are traveling, they place motorcyclists at risk of being rear-ended or cut off.

The fact that motorcycles are often substantially smaller than most other vehicles on the road makes them easier to miss, especially in areas with poor visibility and by careless or reckless drivers. When motorcyclists are involved in accidents caused by negligent drivers, they are able to collect compensation for their injuries and damages. Some of the most common damages provided to motorcyclists injured in Vermont include repayment for:

  • Lost wages and future lost earnings;
  • Property damage;
  • All medical expenses related to the injuries incurred;
  • Emotional and physical pain and suffering;
  • Loss of consortium; and
  • Punitive damages.

It is worth noting that medical expenses can often be recovered in a legal claim even if they have been paid by the injured party’s health insurance.  This is based on a legal doctrine called the “collateral source rule,” and our attorneys are very familiar with the nuances of this doctrine.

Working with an attorney from Kohn, Rath, Danon, Lynch & Scharf, LLP will ensure you obtain full and fair compensation for your injuries and damages.

There are various legal principles that need to be understood as to how to maximize the amounts an injured party can receive for a claim, and to prove that the claim is valid.  Substantial skill, knowledge, and experience is required to properly present a claim.  You can be assured that the trial attorneys at Kohn Rath Danon Lynch & Scharf, LLP, are aware of how to best recover the full amount allowed by Vermont law.

Claims such as these are usually covered by the insurance carrier for the negligent party.  Our law firm is experienced in dealing with insurance carriers and we have a thorough understanding of how to aggressively assert the rights of our clients.  We always aim to settle a case without going to court if this can be accomplished while obtaining maximum compensation for our client, and this is frequently possible.  But we are also always willing and thoroughly prepared to go to court to obtain the maximum award if settlement for an appropriate amount is not possible.  We work closely with our clients to explain the options available and to make certain we are proceeding in the manner desired by the client.

Unique Challenges For Motorcyclists

Unfortunately, there is still a harmful stigma surrounding motorcyclists in Vermont.  Motorcyclists are often blamed for causing the accidents in which they are involved. Contrary to popular belief that motorcyclists are reckless on the roadways, most are actually safe drivers. The majority of motorcyclists wear helmets, gloves, and vests to ensure their safety. These drivers often complete safety driving courses before heading out on the roads. Most motorcycle accidents are not caused by motorcyclists, but they still face the challenges surrounding the stigma in courts. For this reason, it is crucial to contact an aggressive personal injury attorney to help with your claim.

An Aggressive Vermont Motorcycle Attorney Can Help You

If you have been injured in a motorcycle accident, contact a lawyer from Kohn, Rath, Danon, Lynch & Scharf, LLP as soon as possible. We will contact the at-fault driver’s insurance company (or the other responsible party) on your behalf so you can focus on your recovery. We will put together a solid case that adequately demonstrates the extent of your injuries and the cause of the accident. In the tragic event that your loved one has suffered a fatal accident, we will handle all necessary actions on your behalf.

The attorneys at Kohn, Rath, Danon, Lynch & Scharf, LLP work aggressively on behalf of clients to ensure they are fairly compensated and get the justice they deserve for their injuries. Contact our law firm today at (802) 482-2905 to schedule a free consultation and case review.

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Our Attorneys:

Kohn Rath Danon Lynch & Scharf, LLP is a  Vermont law firm located in the Town of Hinesburg, providing a broad and comprehensive array of legal services to our clients.  Our attorneys have experience in many practice areas of the law.

(Click on the name of a team member for additional information)

Roger E. Kohn
Roger E. Kohn
Partner - Former President of the Chittenden County Bar Association
David Rath
David Rath
Partner
Beth A. Danon
Beth A. Danon
Partner - Former President of the Vermont Association for Justice (the Vermont Trial Lawyers Association)
David W. Lynch
David W. Lynch
Partner

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