While many motorcycle accidents are the result of negligence on the part of another driver, accidents in which a motorcycle hits a stationary object are common. The Hurt Report, a major and influential study of motorcycle accidents from 1981, found that approximately 1/4th of motorcycle accidents are single-vehicle accidents. Just because another vehicle wasn't impacted, does not mean there is no recourse for compensation. An experienced Maine motorcycle accident attorney can look at the total circumstances of your accident and advise you on how to proceed to recover compensation.
One avenue for compensation is a motorcyclist's own insurance company. Where there was a hazard on the road that caused a motorcycle to spin out, it may be appropriate to seek compensation from the entity that owned the road such as a city or private owner. Perhaps your motorcycle's manufacturer is at fault and can be held responsible for a defect in the motorcycle. There are also situations where another vehicle is at fault, even though it did not hit you. For example, if a car drives into your lane, causing you to swerve and crash into a wall along the freeway, that the driver of car may be at fault.
Recovering from Your InsurerIf you are a motorcyclist in Maine, you must purchase an insurance policy with a minimum amount of motorcycle accident coverage. The minimum amounts your policy must cover is $50,000 for injury or death to any one person, $100,000 for one accident resulting in injury or death to more than one person and $25,000 for property damage.
Maine is a "fault" state for purposes of insurance. This means whoever was legally at fault for an accident is financially responsible for the resulting damages or injuries. You can also seek compensation by filing a claim with your own insurer (or by filing against the at-fault driver or filing a claim against his or her insurer). This is in contrast to no-fault states, in which an injured motorist must exhaust his own policy limits before pursuing a claim against an at-fault driver.
Hazards on the RoadSometimes the reason for a single-bike accident is a road hazard, such as an improperly-marked construction zone, a sudden narrowing of lanes, standing water on the road, falling objects from a truck, or poor road construction. These hazards may not present a significant to a driver of a passenger vehicle, but could be deadly to a motorcyclist who has no extra protection from a crash. In Maine, it is not only drivers that can be considered negligent in a vehicle crash.
In the context of a single-vehicle accident, it is worth having a car accident reconstruction expert and other experts look at road conditions to see whether the owner of the road was negligent. Negligence can be shown if a plaintiff can prove (1) a duty was owed by a defendant, (2) the defendant breached that duty, (3) proximate cause, and (4) damages. If, for example, a construction company has failed to follow regulations and requires a merge of four lanes into one too quickly, the construction company, any subcontractors involved and the municipality that retained the construction company may be held responsible. In this context, a single employee may have made a mistake in road construction, but his or her employer can be held responsible under the doctrine of "vicarious liability." Under this doctrine, an employer can be held responsible for the negligent or intentional actions of its agent if those actions were committed in the scope of employment.
Hire a Knowledgeable Maine Single Bike Accident AttorneyIf you are hurt in a single-bike accident, you may be stressed about how you will pay your bills. There are several possible sources of compensation. A knowledgeable Maine motorcycle injury attorney can review the facts of your accident and advise you on any options to obtain the compensation you deserve for your injuries. Contact Peter Thompson & Associates at 1.800.804.2004 or via our online form.