High Speed Chases Put Motorcyclists at Extra Risk
Our Charlotte motorcycle accident lawyers can attest to the fact that speeding is riskier to bikers than other motorists. The reasons behind the risks are no secret:
- Motorcycles offer almost no protection for riders during accidents.
- High speeds give riders little time to react to any situation on the road.
- Two-wheeled vehicles are likely to tip over when riders lose control.
All too often, even helmeted bikers are killed during motorcycle accidents related to speeding. Identifying the precise cause of these accidents is typically challenging because of the complex factors associated with motorcycles.
In One Case, Receipt of a Speeding Ticket Might Have Saved a Life
According to ABC11, an allegedly-speeding NC biker led police into a chase when he chose to flee rather than pull over to receive a ticket. As he continued riding at high speeds, he eventually lost control of his motorcycle, going into a median and hitting a highway road sign.
The unfortunate truth is that the rider was breaking the law and taking needless risks when police tried to stop him. Even though no one can fully predict what might have happened under different circumstances, it seems obvious that the biker might be alive today if he pulled over and accepted the speeding ticket.
In North Carolina, Liability Questions Only Go So Far
Undoubtedly, the biker’s family must have questioned whether he would have lived if police chose not to chase him. Unless it becomes clear that the motorcyclist was displaying exemplary driving behavior prior to the chase, however, the family cannot expect to successfully pursue a motorcycle accident case against the police or anyone in the municipality.
Granted, it is typically difficult to win a lawsuit against a municipality, but those issues have nothing to do with this case. North Carolina is a pure contributory negligence state. In other words, individuals whose negligence contributes to their own injuries to any degree cannot sue other parties.
Still, what if, for example, witnesses knew the biker was not speeding until police initiated the chase? Or, what if the trooper has a record of becoming involved in unnecessary police chases?
While the pure contributory negligence laws might still protect police from a negligence suit, it might be worthwhile to seek advice from a motorcycle accident lawyer before deciding to move forward with legal action.