Motorcycle Crashes Involving Lay-Down by Biker
Many motorcyclists in East Tennessee believe that they may need to lay down their motorcycles on the road in order to avoid a serious collision with a car or truck. This practice is a traditional safety measure used when motorcycles were less maneuverable and had less sophisticated brakes than they have today. In many instances, a motorcyclist is better off swerving or braking to avoid an accident because contemporary motorcycles have tires with better traction, greater maneuverability, and anti-lock brakes. All of these technological improvements make it possible to avoid many accidents. However, there are still circumstances in which motorcycle crashes involving a lay-down by a biker result in serious injuries that are the fault of another driver rather than the motorcyclist. If you were hurt in a motorcycle accident involving the lay-down of your bike, you should retain Maryville motorcycle crash attorney Mark Hartsoe to assert your rights.Motorcycle Crashes Involving Lay-Down by a Biker
When motorcyclists lay their bikes down, they may avoid an impact with another vehicle or reduce the severity of the impact. Nevertheless, the motorcyclist and any passenger may still be injured or even lose their lives. In some cases, laying down a bike rather than hitting another vehicle or object may be a more reasonable decision than simply striking the other vehicle or object. You may have a claim against anyone who caused the emergency situation or who failed to use reasonable care to avoid injuring you.
Both the sudden emergency doctrine and the last clear chance doctrine may apply to your situation if you have gotten into an accident involving a lay-down. However, in Tennessee, these traditional doctrines have been subsumed in most cases into a jury's analysis of comparative fault.
For example, if you notice that a parked car's door has suddenly opened, and you hit the brakes, but they fail to respond in time, it may be better to lay down your motorcycle rather than hit the car or the door. In that case, there was a sudden emergency that required a lay-down. You may have a personal injury claim against the person who unexpectedly opened the car door.
The last clear chance doctrine, as used in a comparative fault analysis, may apply to allow a plaintiff motorcyclist to recover compensation if either the plaintiff or both the plaintiff and the defendant caused an emergency situation, but the defendant had the last clear chance to avoid the accident. For example, perhaps a driver cut you off in an illegal lane change, and the only way to avoid that car as an inexperienced motorcyclist was to lay your bike down. Meanwhile, the driver of another car traveling behind you had a chance to avoid you but was not paying attention and struck you while you were on the road. In that case, the second driver had the last clear chance to avoid you and may be partially or fully responsible for your injuries.Discuss Your Motorcycle Crash Case with Maryville Attorney Mark Hartsoe
Motorcycle crashes involving a lay-down by a biker may give rise to liability for careless drivers. Call Maryville motorcycle crash lawyer Mark Hartsoe at (865) 524-5657 or contact us via our online form to set up a free consultation. Mark Hartsoe represents victims who need a motor vehicle collision attorney throughout East Tennessee, including in Blount, Knox, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.