Pedestrian fatalities in motorcycle accidents are an issue of national concern. Motorcycle accidents involving pedestrians often lead to catastrophic outcomes with the possibility of both parties sustaining life-threatening injuries.
However, in most cases, it’s the pedestrians hit by motorcycles who suffer grievous injuries. This is because the impact is harder on them than on motorcyclists. Therefore, just like in any other accident situation, the victims suffer both physical and emotional losses that are often overwhelming.
It’s not easy moving on from an accident as a pedestrian, especially if one sustains multiple injuries. Therefore, it’s necessary for pedestrians to understand their legal rights. It’s almost certain that if pedestrians in motorcycle accidents don’t have sufficient knowledge of the legal rights entitled to them, they might not have successful claims.
Therefore, it’s critical that pedestrians become fully aware of the law that protects them as they use the road. Here are the fundamental legal rights that pedestrians in motorcycle accidents should be aware of.
Duty Of Care To Pedestrians
It’s a legal right for pedestrians to be accorded duty of care by motorcyclists. This is a legal right in legal jurisdictions around the world. When pedestrians are on a crosswalk, they have the right of way.
Therefore, motorists and motorcyclists should allow them to cross first. Unfortunately, this does not always happen, thus causing accidents involving pedestrians. In this case, it’s the pedestrian who is at a higher disadvantage of sustaining severe injuries in the event of an accident.
Motorcycles are fast and are made of material that can cause serious injuries to victims of a motorcycle accident. It’s for this reason that pedestrians should receive a duty of care from motorcyclists and motorists.
What this means is that riders should exercise reasonable care when riding their motorcyclists on a roadway that has pedestrians crossing. If a motorcyclist happens to hit a pedestrian and he or she didn’t exercise reasonable care, then he or she is legally liable for the accident.
Motorcyclists have to yield to pedestrians and allow them to cross the road safely in order to avoid accidents. If, as a pedestrian, you get hit by a motorcycle because of a rider’s breach of your right to a duty of care, then you can take legal action against him.
Therefore, pedestrians need to be aware of this legal right. This is so that they can defend themselves effectively in the event of an accident.
The Right To Legal Representation
Accident victims need legal representation to effectively go through the legal processes that follow. They need legal representation to face the parties that will be involved in a case stemming from a motorcycle accident.
For example, the at-fault motorcyclist, his lawyer and his insurance company may try to prove that the pedestrian involved in the accident was the one on the wrong. The experience of the rider’s lawyer and the insurance agency may prove to be too much for the victim to handle.
It’s for this reason that pedestrians in motorcycle accidents need to know that they have the right to legal representation. A lawyer with legal expertise and proficiency is necessary to help a victim involved in a motorcycle accident.
The lawyer will be in a position to undertake all the intricacies of the compensation case better and more professionally. On the other hand, going it alone can be costly and damaging for a pedestrian victim because he or she might lack the legal know-how required for a successful case.
Therefore, if you are in a motorcycle accident or a loved one becomes a victim of such, you should not hesitate to practice your legal right. You should contact a qualified lawyer to assist you in navigating through the legal processes that ensue.
The Right To Compensation
Pedestrians involved in motorcycle accidents have a right to compensation. The injuries that a pedestrian sustains after a road accident require the immediate attention of a medical doctor and this might be quite expensive depending on the degree of physical harm.
If a motorcyclist was at fault in an accident involving a pedestrian, he is legally liable for the accident. For this reason, the pedestrian has a right to claim compensation for the injuries incurred.
The compensation should take care of medical expenses and any other loss resulting from the accident. In this situation, the insurance company of the rider at fault should compensate the pedestrian for the damage and injuries caused.
It’s important to note, however, that the process of compensation is not easy. That’s why victims of motorcycle accidents need to gather all relevant evidence. This will ensure that they can present a strong case and prove that their duty to care was violated by the party at fault.
The evidence you gather and share with your lawyer will contribute significantly to boosting your compensation claim. As you pursue your right to compensation for your injuries and losses, make sure that you work closely with an experienced lawyer.
This will be the right move to increase your chances of winning the legal battles associated with claims for compensation after a motorcycle accident.
Conclusion On Legal Rights Of Pedestrians
In the worst cases, motorcycle accidents can lead to pedestrian deaths. Therefore, riders should be very careful on the road not to hit pedestrians. Especially, since they don’t have any form of protection.
A hit could cause serious and life-threatening injuries to pedestrians. If a motorcyclist hits a pedestrian, the legal burden he faces is high. This is because pedestrians have legal rights that protect them in such situations.
At-fault motorcyclists find it difficult to prove that pedestrians were responsible for the accident. The legal rights that pedestrians have should force riders to be extra vigilant on the road to avoid legal liabilities.
Nevertheless, the most important thing is for both pedestrians and motorcyclists to be watchful when on the road. This will ensure that they maintain high standards of safety for everyone.