Articles Tagged with motorcycle accident attorney

A man whose 53-year-old wife died in a Maine motorcycle accident in 2014 has settled his claims against the construction contractor in Augusta that allegedly failed to inspect and repair a dangerous pothole that reportedly caused his wife to lose control of her bike.Legal News Gavel

The plaintiff had been riding a motorcycle separately from his wife in Augusta when he watched her strike the pothole and saw the bike go down. The couple had married just six weeks earlier, and they were traveling with another pair to see a home in Manchester they were preparing to purchase. His original wrongful death lawsuit was filed in 2015 in Kennebec County Superior Court, and it initially named not just the construction company but also the state, the state’s department of transportation, the city of Augusta, and a number of other defendants.

In the end, claims against all defendants other than the construction company were dismissed. This likely had to do with the fact that any claim against government agencies can be tough to prove, due to concepts like sovereign immunity and the difficulty of proving these entities owed a duty of care to the individual in question. But, as this case revealed, that doesn’t necessarily mean there are no other avenues of compensation worth pursuing.

The Maine Bureau of Highway Safety reports more people have died so far in Maine motorcycle accidents than in all of last year. In total, 18 people died in fatal motorcycle crashes in 2016, while as of the end of September 2017, 20 people had been killed in such crashes. Legal News Gavel

The victims ranged in age from 25 to 81, and aside from two who were females, the overwhelming majority of riders affected were male. State statistics show more than half of the riders in fatal crashes weren’t wearing helmets. While Maine does have a motorcycle helmet law, M.R.S. 29-2083, it is not a universal helmet law, meaning only specific categories of riders are required to wear one. Those are operators and riders under 18, as well as those operating a motorcycle with a learner’s permit or within one year of completing the driving test or while riding as a passenger with someone who is required to wear a helmet.

In those situations, when it comes to personal injury litigation, this fact could be used to reduce the damages awarded to motorcycle accident victims. However, it does not in and of itself release negligent drivers from liability. Anyone injured in a motorcycle accident or survivors of those killed in motorcycle crashes – helmet or no helmet – should discuss their legal options with an experienced injury lawyer.

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