Guidelines to Follow After a Motorcycle Accident
A 22-year-old woman died after she was thrown from a motorcycle in Arlington, Texas. The woman was riding on the motorcycle with her friend late at night when they struck a car. The motorcycle was allegedly racing with another motorcycle, and each were estimated to be speeding above 100 mph. The motorcycle accident occurred when the bike struck the rear of a sedan, which fled the scene.
The charges for the motorcyclists are pending the outcome of investigation. Police suspect the driver of the sedan fled in fear of liability; however, the sedan driver was generally not at fault before fleeing the scene.
Although the sedan driver's liability has not been determined, as the circumstances of the event are still under investigation, generally leaving the scene of a Missouri motorcycle accident is a crime. The following is Missouri state law in regards to "hit and run" incidents, detailing what qualifies as leaving the scene of a motor vehicle accident.
"A person commits the crime of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping or giving his information."
Further, leaving the scene of a motor vehicle accident is a class A misdemeanor, except it is a class D felony if the accident resulted in:
1. Physical injury to another party; or
2. Property damage in excess of one thousand dollars; or
3. If the defendant has previously pled guilty to or been found guilty of a violation of this section.
When an accident occurs, the driver should always provide the following to either a police officer or the injured party:
1. name;
2. residence;
3. insurance provider;
4. motor vehicle number;
5. drivers license number.
Also, if a police officer is not in the vicinity, the driver should go to the nearest police station or judicial officer to provide those listed above in order to avoid liability for leaving the scene of a motor vehicle accident.
In the case of the motorcyclists riding at night (in addition to the fact that racing and speeding are prohibited) the Department of Motor Vehicles has listed several tips to riding a motorcycle at night because it is harder for motorcyclists to see and be seen. The following are some tips:
• Reduce Your Speed — Ride even slower than you would during the day — particularly on roads you don't know well. This will increase your chances of avoiding a hazard.
• Increase Distance — Distances are harder to judge at night than during the day. Your eyes rely upon shadows and light contrasts to determine how far away an object is and how fast it is coming. These contrasts are missing or distorted under artificial lights at night. Open up a three-second following distance or more. And allow more distance to pass and be passed.
• Use the Car Ahead — The headlights of the car ahead can give you a better view of the road than even your high beam can. Taillights bouncing up and down can alert you to bumps or rough pavement.
• Use Your High Beam — Get all the light you can. Use your high beam whenever you are not following or meeting a car. Be visible; wear reflective materials when riding at night.
• Be flexible about lane position. Change to whatever portion of the lane is best able to help you see, be seen, and keep an adequate space cushion.
As an experienced Missouri motorcycle accident and personal injury lawyer, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our accident investigation team and begin taking the same action as the truck company and their insurance company.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.MotorcycleInjuryLawGroup.com for more information.
