Even if a motorcycle rider wears a helmet and protective leather jacket, he or she does not have enough protection in the event of an accident.
Bikers know the risks and yet they still take them every time they hop on their ride. Some wear protective gear and helmets, some wear flip-flops and baseball caps. The outcome in the event of an accident may be death in both instances, protective gear or not. Such was the case of a Georgia man who was hit broadside by a car, causing his bike to explode in a ball of flames. He never stood a chance, protective gear or not.
The driver who broadsided him ran a yield sign going far faster than the posted speed limit. She saw the biker, but thought she had enough time to make it across the intersection. Thanks to an inability to accurately judge the bike’s size and speed (and she may have been drinking), the woman blew the sign, killing the 29-year-old father of two children. The road was shut down for several hours while an accident reconstruction team and clean up crew attempted to piece together how the biker lost his life.
Another biker who arrived on the scene shortly after the accident knew instantly there was nothing he could do to help the other man. It was one of the worse collisions he had ever seen, he said, with high flames engulfing the bike. The man’s family would miss him greatly.
In situations like this one, the family of the biker may well wish to speak directly to an experienced personal injury attorney. They need to know their legal rights, what may happen if they choose to file a wrongful death lawsuit and get an idea of what may happen should the case go to court, or an offer of settlement is made by the driver’s insurance company.
Another factor to consider in similar cases is whether or not the police will lay charges. If they do and the driver ends up doing jail time for a criminal offense, a wrongful death lawsuit may be filed after the time is served, as the criminal charges take precedence over a civil lawsuit. It is best to seek legal advice in situations like this, as each case is different and thus the way it would be handled will differ.
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