Traffic Laws and Motorcyclists
Traffic laws apply equally to passenger vehicles and motorcycles. The only special traffic law for motorcycles is the requirement to wear a helmet.
It is important or motorcyclists to follow the traffic laws because they have to share the road with everybody else. Speed limit laws, right of way laws, traffic control devices, and all of these rules are designed so that, if followed, they promote safety on the road and avoid accidents. Motorcyclists need to fall into the same system as everybody else.
If you were injured in an accident, it is important to contact a Winston-Salem motorcycle accident lawyer as soon as possible for assistance in knowing your rights and obtaining financial compensation for another’s ignorance or negligence of traffic laws
Contributory Negligence
Whether a motorcyclist was following the laws or not impacts an injury case by bringing up the question of contributory negligence. In North Carolina, that would impact their case substantial by potentially eliminating the claim because if the motorcycle driver is at fault, then they cannot recover.
The defense could argue that had the motorcyclist been following the traffic laws, the accident would not have occurred. Therefore the motorcyclist was negligent and their negligence contributed to the collision and they cannot recover.
If the driver is not at fault, then the facts would reveal that the motorcyclist was in compliance with the law and therefore has a viable claim and can recover for injuries and damages.
New Traffic Laws
Traffic laws regarding motorcycles are updated in Winston-Salem as determined to be necessary by the legislature. People can stay updated on new motorcycle laws by:
- Attending safety courses.
- Seeking out literature from the North Carolina Department of Motor Vehicles.
- Becoming a member in motorcycle clubs.
- Doing his or her own general internet research.
Out of State Drivers
When a person comes and drives on North Carolina highways, he or she consents to be subject to traffic laws. If he or she should break one of those laws and cause injury to somebody and a lawsuit has to get filed, the person designates a commissioner of the Department of Motor vehicles as his or her process agent for purposes of that lawsuit.
The laws of Winston-Salem and the state apply to an out of state driver because it is the law of where the accident occurred that applies.
A lawyer can reach out and sue the person even though he or she does not live here because by using the roads, the person consented to be sued if they did not abide by the traffic laws and injured a motorcyclist.
Out of State Motorcyclists
A motorcyclist might attempt to use operating out of state as a defense in a motorcycle accident that they are at fault in however, ignorance of the law is not a defense.
No-fault insurance benefits that stay with motorcycle operators while traveling between states would be medical payments coverage.
Out-of-state laws would not apply in North Carolina motorcycle accidents because only North Carolina traffic laws will apply.
Motor Scooter Laws
If motor scooters and vespas are on the road, they have to follow the same traffic rules as all the other drivers on the road. However, there are certain restrictions on mopeds. For example, mopeds cannot be on controlled access highways because they travel too slow. Engine size and speed are the main differences between a motorcycle and motor scooter.
The potential consequences associated with motor scooters differ from those associated with motorcycles tend to have less severe injuries, however, that may not always be the case.
Motor scooters and vespas are small and tend not to be seen as easily as other larger motorcycles. Additionally, they are quiet. If a car or truck driver cannot see or hear the vespa, that makes them difficult to be detected on the road particularly at night.
Florida law requires Vespa owners to have bodily injury liability insurance.
Common Injuries
If a person lays the motor scooter down or stops quickly by putting a food down, that is going to result in road rash, head and neck injuries, and orthopedic injuries in the lower extremities. This is the same as the injuries in motorcycle accidents.
