A previous post here discussed the legal concept of "subrogation" and how it can affect claims arising from personal injury, such as might occur in a Washington motorcycle accident. While it can be a complicated idea, subrogation is not the only legal doctrine that can make a difference in the amount a victim is awarded after being injured by another party's negligence. Another of these complicating factors is called "mitigation."
Previous posts here have covered the basics of negligence in a Washington personal injury lawsuits arising from a car or motorcycle accident. Those previous posts have focused on the way an injured person could attempt to recover damages from another person who had caused the injury through carelessness. However, as many Seattle residents are no doubt aware, the two drivers are hardly ever the only ones involved in the aftermath of a motorcycle accident.
This blog has previously discussed the fact that many Seattle motorcycle accidents are caused by the negligence of other drivers on the road. In cases like that, the injuries that were likely suffered by the motorcyclist may be the responsibility of the negligent driver. This legal cause of action is made up of several elements needed to prove the claim. Two of these elements, the interconnected concepts of duty and breach, were looked at in a previous post. Now, let's take one part of the two-part idea of causation.
As summer approaches, the Pacific Northwest's winter will give way to more pleasant weather that will see Seattle residents getting outside more often, and partaking in activities that are curtailed in the colder and wetter months. One of these is riding motorcycles along the highways and byways of Washington, taking in both the lively urban activity and the pastoral rural beauty. Unfortunately, along with more motorcycles on the road comes the heightened danger of motorcycle accidents.
A Washington motorcyclist made national news after a terrifying run-in with an alleged intoxicated driver last week. Even more astounding, the incident was caught on tape and the motorcyclist escaped with his life, suffering only minor injuries. It isn't unusual for a crash of that magnitude to render an innocent motorcyclist seriously injured. The accident is currently under investigation by Washington State patrol.
There are so many benefits that motorcyclists reap when they get out on their bikes. There is the pure enjoyment of riding a motorcycle, the wind in your face and the freedom of the open road. There is also the practical side of riding a motorcycle, with the savings on fuel and the benefits for the environment. With all the upsides to riding a motorcycle instead of other types of transportation, it's easy to see why many people choose these vehicles as their modes of transportation.
The news is full of car and motorcycle accidents. Many Washingtonians may attribute these accidents to user error. Perhaps a driver was going too fast, or driving under the influence. Perhaps visibility was poor, or a motorcycle had the bad luck of being in a blind spot when a car decided to change lanes.
Washington, like many other states, requires motorcyclists to wear helmets. While not popular with everyone, the law is designed to protect motorcyclists involved in a motorcycle accident. But physical protection is not the only reason why Washingtonians should wear a helmet. Another reason is legal. To learn what that reason is, keep reading.
Taking a motorcycle out for a spin can be one of life's great pleasures. But that fun is shaded with danger. For example, according to the National Highway Traffic Safety Administration, more than 100,000 motorcyclists were injured on the road in 2007. It should be noted that most of those injuries were not the motorcyclist's fault. Washingtonians who find themselves in this position need to know what to after a motorcycle accident.