You may think that as a motorcyclist, you are the most vulnerable person in the road. The truth is that pedestrians have less protection than you, and do not have a motor to avoid accidents. Anyone crossing the road is at the mercy of the drivers around them. This sounds scary, but motorcycle – pedestrian accidents happen every day.
Anywhere over 30 miles an hour and the pedestrian has a good chance of dying. Fatal or serious motorcycle-pedestrian accidents occur several hundred times a day. If you do get involved in a Denver motorcycle accident stay calm and know what to do.
If you have hit a person on the street, stay calm and see if they need medical attention. Your first responsibility is the care of the person you injured. If you have injured someone, call an ambulance immediately. You will be upset, but do not try to administer any medical treatment unless you are trained in it.
You will also want to get legal help. Call a Denver motorcycle lawyer who specializes in this kind of situation. You will also need to contact the police and both of your insurance companies. Obviously if the pedestrian is seriously injured, you can get thins information later. A Denver personal injury attorney will always advise you to speak as little as possible to authorities until you have a lawyer and know your rights.
If you could be facing criminal charges, say from drinking alcohol, you will want to contact a criminal defense attorney because you might be arrested. This means you will be tried under criminal law. You do not have to answer any questions, but if you do, make sure you are truthful. Do not speak to the pedestrian, their insurance company, or lawyer any more than you have to. Making statements that seem nice at the time could lead to a personal injury lawsuit.
If the case does go to court, then they will try to establish fault. Often the first official opinion on the matter comes from the first officer on the scene. The officer may interview witnesses and record his opinion, or request that the motorcycle accident be investigated later. This report is often used by the court or insurance companies, however the insurance company is not required to agree with the officer.
Negligence law often decides these cases. The driver, pedestrian or both parties could have been negligent. If a party was behaving recklessly or breaking a law while the accident occurred, then they are probably at fault according to law. The injured party may be covered under workers compensation, personal health, or motorcycle insurance policies. Because insurance policies and state laws are different, it is best to consult with an attorney when trying to deal with insurance or the authorities.
All motorcycle drivers are required to carry injury liability insurance if they travel on public roads. The injured party will have to file a claim with the insurance company, although the recovery of damages may depend on fault. Some states have no fault rules, where insurance is required to pay regardless of fault in the case of personal injuries. The motorcycle rider’s insurance may have to pay for injuries even if the pedestrian was clearly at fault.
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