Motorcycling is undoubtedly an exhilarating way to travel, but it comes with many risks. Unfortunately, accidents are all too common, and if you’re involved in one, you may want to know what to do after a motorcycle accident in Fresno. Did you know that motorcyclists face a much higher chance of being involved in an accident than a car or truck driver? Do you know some of the reasons why, and do you know what to do in a situation like this, from the immediate aftermath to the search for compensation? Read on to find out more.
Why Motorcyclists Are at Higher Risk
There are several factors involved that contribute to the higher risk faced by motorcyclists on the road. Of course, a significant factor is the lack of protective barriers that a rider may have compared to a fully enclosed car or truck. In such an accident, a rider will be far more exposed to the impact, which will increase the severity of injuries. When you consider that motorcycles are much smaller and generally less visible to other drivers, it’s not surprising to see that there is a high likelihood of collisions.
Sadly, motorcycle riders continued to be involved in far too many fatal traffic crashes. In fact, 5,932 motorcyclists were killed in 2021 across the country, representing 14% of all traffic fatalities. Even more depressingly, data from the National Highway Traffic Safety Administration shows that this statistic represents the highest number of motorcyclists killed since at least 1975.
Other statistics show that motorcycle drivers have approximately twice as many accidents as passenger car drivers. These accidents take place more often than not during daylight conditions and on straight or level roads during clear weather.
Also, statistics from 2016 show that there were 566 motorcycle fatalities in California alone, out of 5,251 nationwide, representing more than 10% of the total.
Why Are Motorcyclists in So Many Accidents with Other Vehicle Drivers?
Clearly, there is a considerable risk to motorcyclists in Fresno and other parts of California. But to try and understand why so many motorcyclists are involved in accidents, it’s good for riders to understand why drivers of other vehicles may not actually see them.
Often, these statistics come down to a phenomenon known as “intentional blindness.” This refers to something that can render a driver “blind” even though they are faced with a seemingly obvious problem. It highlights the limitations of human attention, especially in stressful situations or when the individual needs a good degree of focus.
The phenomenon occurs when the individual, in this case, a vehicle driver, fails to perceive that there is a motorcyclist in plain view and a biker who may have right of way. This is due to the fact that the driver has their attention focused elsewhere.
Experts believe that the human brain is remarkably efficient when it comes to filtering information and focusing on what they consider to be relevant or important at any given time. This is known as “selective attention” and allows the person to navigate the complexities of the world without becoming sidetracked or even overwhelmed. Yet, unfortunately, this level of efficiency comes at a cost. The brain will often filter out some details that may fall outside of a narrow beam linked to a spotlight of attention. And in this case, some of those minor details may actually represent a rider on a motorcycle and in a vulnerable position.
Illustrating the Invisible Gorilla Test
Two psychologists (Christopher Chabris and Daniel Simons) conducted an interesting experiment in 1999. Comically, it was known as the “invisible Gorilla Test” to illustrate the phenomenon of inattentional blindness graphically.
During the test, several participants were asked to watch a video of some people playing basketball. They were asked to count the number of people passing the ball who were wearing white shirts and to ignore any passes made by those wearing black shirts.
Meanwhile, somebody dressed in a gorilla suit walked into the scene, stopped in the center of the shot, and beat their chest before walking out. While you might think this would garner everyone’s attention, about half of the participants failed to notice the gorilla. They were concentrating so much on the task of counting passes that the gorilla fell afoul of the inattentional blindness syndrome.
Unfortunately, it seems that some drivers are so focused on the road immediately in front of them and how other vehicles (of similar size or larger) may be obstacles that they completely fail to notice a motorcycle that may come into this field of vision. Sadly, the motorcycle may have the right of way, and the rider may expect the car driver to have seen them and take the appropriate action. However, the driver will often continue at unabated speed and collide with the rider.
Does Rider Behavior Contribute to Accidents?
While other drivers may be responsible for many motorcycle accidents, riders are also often to blame. For example, motorcyclists may sometimes engage in a practice known as “lane splitting.” This refers to a driving technique that happens when a rider passes another moving vehicle within the same lane, often to try and make good progress in congested conditions.
Lane splitting can sometimes cause accidents because the motorcyclist travels close to those other vehicles. The motorcyclist will have little time to maneuver if one of the other vehicles changes course, and such a driver may not realize that the cycle is there. Furthermore, if the motorcycle intends to pass a lane of stopped traffic, a driver of one of the stationary vehicles may simply pull out to try and move forward in some way without looking in their side mirror. They may simply not expect a motorcycle to appear.
Lane splitting is not illegal in California, but a police officer or judge may sometimes take a dim view of it. Often, they say such an activity is okay if done in a “safe and prudent fashion.”
What Happens in a Motorcycle Accident?
If you’re unfortunate to be involved in a motorcycle accident, you will need to take some immediate actions as a priority.
Firstly, assess any injuries and call for help or get someone else to do so if you become incapacitated. If at all possible, move to a safe location to avoid further harm, but only do this if absolutely necessary. When emergency services attend, they can render medical assistance, while a police officer will be able to document the crash scene and compile a motorcycle incident report. Always remember that even a seemingly minor injury should be evaluated by a healthcare professional so you can rule out any hidden complications.
It’s very important to gather documentation at the accident scene, as this will certainly help you with your motorcycle accident recovery. You or someone else should take photographs of the vehicles involved, any visible injuries, and the road conditions. This information can be critical later when dealing with an insurance claim or pending legal proceedings. If there are any witnesses, it’s important to gather their information, as they may be able to provide a statement regarding the accident later.
What Not to Do After a Motorcycle Accident
Here are some tips about what not to do after a motorcycle incident.
- It doesn’t matter whether you believe you are at fault or not. You should never admit this to a law enforcement officer (or anyone else). The determination of fault is typically a complex process, so if you admit guilt on the scene, this could complicate matters during an insurance negotiation.
- As mentioned, never neglect any medical attention. Often, an accident victim will experience a rush of adrenaline, and this can often mask any pain that they may otherwise feel at that moment.
- Don’t engage in any arguments, even though emotions can often run high at an accident scene. This is always counter-productive, and it’s best to focus on collecting information, maintaining your composure, and gathering the necessary details.
- Sometime after the argument, you may be approached by an insurance company representative who will ask you to settle a claim right away with a promise of some benefits. It’s never a good idea to do this until you are sure of the full extent of your injuries or damage. Instead, consult a professional Fresno motorcycle accident lawyer before accepting any settlement offer.
How to Try and Avoid Becoming a Statistic
When driving any vehicle on a California road, it’s crucial to be aware of other drivers at all times and to try and anticipate their movements. This is doubly important for a motorcycle rider, especially when you take into account the phenomenon of inattentional blindness.
Always expect the unexpected where possible and predict that the other driver may not have seen you before proceeding at intersections. Wear reflective clothing and ensure the machine is as visible as possible, especially in poor weather conditions.
Try to avoid any spirited driving and think twice before lane splitting in congested traffic situations.
What Kind of Compensation Can You Get Following an Accident?
Motorcycle accidents often result in some substantial medical expenses, damage to property, and other financial burdens. You need to understand your level of insurance coverage and how the insurance industry works in your state.
California is an “at fault” state, so the person responsible for the accident (or the insurance company) is responsible for paying for other people’s injuries and property damage.
Should the accident result from another party’s negligence, you will probably be entitled to personal injury compensation. This type of compensation covers you for medical expenditure, lost wages, pain or suffering, and other damages.
If you’re able to claim from the other party or their insurance provider, then you should get money to help repair or replace the damaged motorcycle as well.
What to Expect after a Motorcycle Accident Regarding Compensation
Note that it’s not always easy to determine how much compensation you should get, and each case will be decided on its merits. Don’t underestimate the amount of damage that you may have suffered or may suffer in the future. As mentioned, never be tempted to settle with an insurance company at first blush.
Physical Injuries
Recovering from a serious motorcycle accident may involve a lot of extensive medical treatment and rehabilitation. Sadly, some injuries can be severe and it’s not unusual to see back injuries and even traumatic brain injuries in these situations. So, it’s crucial to follow the advice of medical professionals diligently, attend all recommended appointments, and engage in rehabilitation programs. By doing so, an injured rider will be well on the way to recovery.
Mental Injuries
Many people in this situation suffer emotional damage as well as physical injuries. Some may have post-traumatic stress disorder, which is a common reaction to such a dramatic event. In this case, it’s important to seek support from mental health professionals, who’ll help paint a picture of what to expect in the future.
As there are so many potential complications when it comes to compensation, it’s best to talk with an attorney who specializes in motorcycle accident claims. They will have navigated these legal processes before and have experience negotiating with insurance companies. Where necessary, they’ll bring in medical experts to document the scale of your injuries and provide expert testimony to help the negotiation.
How to Get Help Following a Motorcycle Accident
It’s best to seek professional support instead of going alone when looking for motorcycle accident compensation. Kuzyk Law is a Fresno motorcycle accident attorney with a great deal of experience and a company that has tried or settled hundreds of cases ranging from small cases that settle for minimum liability to multimillion-dollar settlements.
The experienced attorneys at Kuzyk Law will be your first line of defense and will stand by you with unwavering commitment to ensure that justice is sought and firmly secured.Remember that it’s not unusual for motorcycle accident victims to experience a whirlwind of physical, emotional, and financial turmoil. This is why it is crucial for them to seek specialist support and legal representation from Kuzyk Law. So, if you find yourself in this situation, don’t hesitate to reach out for advice — the first appointment is always free.
