How Negligence is Proven

The law states that individuals owe those around them a duty to act responsibly in situational circumstances. In the most basic terms, it is all about being a decent human being. If Person A’s car hits Person B, and Person A drives away without acting responsibly and owning up to their actions, Person A is now the negligent party as long as the event can be proven. Proof is needed whenever the person who causes an accident fails in this duty in order for them to be held responsible.

Negligence, at its most basic definition, is neglect. Negligence is not about intentional harm; but rather, carelessness and failure to act responsibly. An example would be walking past someone who is heavily bleeding. The failure to call emergency services for the bleeding person is negligence.

Negligence is proven depending on what type of negligence was involved. In contributory negligence, if the defendant’s negligence is determined to be more severe than the plaintiff’s negligence, then the claim is defeated. This means that in a motorcycle accident, the plaintiff is at fault when negligence lies in both the plaintiff and the defendant. In comparative negligence, a comparison of both parties is allowed to figure the awarding damages. This is based on the amount of the plaintiff’s negligence that caused the injury.

What You Can Do to Avoid Accidents: Cars

Sharing a road with motorcycles does not have to be an unnerving or dangerous time for anyone. Taking certain precautions as the driver of a vehicle can save time, money, and most importantly, lives. Watching for bikers does not mean extra time out of your day or extra money out of your wallet; it just means a new awareness on the various travelers of the road.

• Do not use the entire road to drive. While this may seem obvious, driving on your side of the road avoids accidents with anyone else on the road no matter who is driving what. The motorcyclist needs their own lane to drive in, so never join in on their own lane. Motorcycles may be smaller than vehicles, but the space of a lane is crucial to motorcycle safety.
• Pay attention to who and what is on the road around you. Be sure to regularly check all blind spots.
• Signal in time.
• If driving behind a motorcycle, give them plenty of room between your vehicle and the motorcycle.

What You Can Do to Avoid Accidents: Motorcycles

Riding a motorcycle can be freeing. On the other side of that coin, it can be dangerous when precautions are not taken.

• Do your best to drive past other cars’ blind spots.
• Always wear a helmet and any other safety gear.
• Be aware of the road’s environment, surroundings, and the weather.
• Maintain your bike regularly.

Contact Us Today

Here at Chopper Lawyer, we understand that accidents are, of course, accidental unless proven otherwise. While there are steps that both drivers and motorcyclists can take to ensure a safer road for everyone, mistakes happen, and it is everyone’s duty to do the right thing when a situation arises. If your or your loved one has been involved in a motorcycle accident, or if you have any questions regarding negligence on a motorcycle or on the road in general, do not hesitate to contact us today. We serve the Florida counties of Hernando, Citrus, Pasco, Pinellas, and Hillsborough.

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Motorcycle Modification

Modifications can become a memorable adjustment to any part of your motorcycle. However, some modifications can affect the safety of your riding experience. Modifications that improve how the bike works do not pose much threat to the overall safety. Such modifications include engine performance, comfort, handling, breaking, or cargo capacity. Even though every modification poses somewhat of a threat and is never completely safe, there is no need to lose sleep over a modification when it is implemented properly.

It is the handling that becomes a concern in regards to modifications. Any modification made changes the motorcycle’s handling, which then needs some time getting used to. A motorcycle should feel like an extension of its rider, and the rider needs to master how it handles no matter what. Some modifications are more for look than for function, and sometimes the first replaces the latter. It is never safe to trade safety for aesthetics.

Some modifications are made to fit the driver, such as when a motorcycle is lowered so the rider can have a safe stance during a stop. However, this same modification means that the cornering ground clearance has been compromised. The entire riding experience can change with a modification to the structure. The first step in motorcycle safety while on the road begins with the rider and their responsibility to work with their bike. Always understand the consequences of a modification, no matter what the change is. Understand what the modification can and cannot do, and do not try to push any limits.

Modified motorcycles are involved in crashes on the road. Modifications can turn a motorcycle into a semi-chopper, which makes the vehicle more likely to crash, and holds the two largest subcategories of bike: cruisers and sportbikes. Modified exhaust systems are also a factor in the majority of motorcycle accidents when modification is involved.

If you are thinking of modifying your bike, be safe about it. Know the rules and regulations of the road, and take into consideration what your bike can and cannot handle. Modifications made by the rider are vastly different than those made by a professional manufacturer. Do not compromise quality and safety. Avoid using modification fads just to make your bike look “cool.” A while back it was popular to remove the front brake of a motorcycle, which resulted in many crashes. Always take the safest measures when modifying your motorcycle.

Contact Us Today

Each motorcycle is like the finger prints of its rider: unique. Everyone is different in their own way, and as cliché as it sounds, diversity is an important aspect in the human community. Here at Chopper Lawyer, we help motorcycles drive on the road of the law in the Florida counties of Hernando, Pasco, Citrus, Pinellas, and Hillsborough. We can help you with all your needs regarding motorcycles and the law. If you have any questions regarding motorcycle law or modifications, or if you or your loved one have been involved in a motorcycle accident, do not hesitate to contact us today.

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