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Does Being Overweight Affect Your Rights in a Motorcycle Accident Case?

08/15/08

Does Being Overweight Affect Your Rights in a Motorcycle Accident Case?

08:40:45 pm, by Norman Gregory Fernandez, Esq.

, 583 words, 420 views

Categories: Articles, Personal Injury, Biker Rights, General Legal, Editorial, Insurance, Regulations, California Motorcycle Accident, Motorcycle Accidents, Fatal Motorcycle Accident, Fatal Motorcycle Accident

California Motorcycle Accident Attorney Norman Gregory Fernandez discusses whether being overweight will affect you in a motorcycle accident case. First off, if you are overweight and a biker, I hope you do not take this article the wrong way. This article will discuss two things: (1) does being overweight affect your rights in a motorcycle accident case; and (2) does being overweight affect your ability to ride a motorcycle.

I will first discuss how being overweight may or may not affect your ability to ride a motorcycle.

As many of you probably already know, obesity is a huge problem in the United States of America.

For instance, I just got back from walking at the shopping mall. I would say that well over 50% of the people in the mall were not only overweight, but what I consider to be obese.

Notwithstanding this fact, I do not see why a person who is overweight cannot safely operate a motorcycle. As a matter of fact, I personally know people who I would consider to be obese, and yet are outstanding motorcycle riders.

Being overweight may be a consideration with respect to that type of motorcycle a person may want to ride, such as a sport motorcycle v. cruiser type of motorcycle. It may be more comfortable for a person who is obese or overweight to select the cruiser type of motorcycle. The way I look at it, to each their own.

A motorcycle rider, whether they are skinny, medium build, or overweight, should take an appropriate motorcycle safety course, when beginning to ride, and maintain their skills; however I do not see weight being a factor one way or another.

With respect to the issue of whether being overweight, would affect your rights in a motorcycle accident case, I would say no, unless you as a motorcycle rider are somehow at fault. I wrote an article previously discussing how pre-existing conditions should not affect a personal injury case. You can read that article by clicking here now.

In human nature there is a tendency to discriminate against people who are different. This holds true for people who are overweight or obese, who are also the victims of discrimination. If you are overweight, and have been in a motorcycle accident, you are going to want to retain an attorney, who knows how to deal with the issue of pre-existing conditions, and a jury's tendency to discriminate against people who are different.

I am that type of attorney. As an example of a worst-case scenario type of motorcycle accident case; I am representing a man from northern California, who sustained horrendous injuries in a motorcycle accident. Months prior to his accident, he had surgery to put a band around his stomach so that he could lose weight. At the time of his accident, he was obviously extremely overweight. Notwithstanding this fact, he was rear ended by a negligent cager. Among other injuries, the surgeons had to go back into his body to reinstall the band around his stomach.

My firm will eventually get this gentleman, a very high settlement or judgment for his injuries. You see a defendant has to take a plaintiff as he finds them. This holds true whether the defendant is obese, or has other pre-existing conditions.

If you are overweight, obese, or have other pre-existing conditions, and have been the victim of a motorcycle, or other motor vehicle accident, you may call my law firm for a free consultation at 800-816-1529, extension 1. I will tell you over the phone whether you have a good case.

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Comment from: Motorcycle News [Visitor]

· http://www.steel-horse-news.com

being over weight has no effect on your rights in an accident… However being over weight can contribute a great deal as to the reason you might get into an accident in the first place. It only stands to reason that if you are too big and heavy for a motorcycle it is a sure bet the motorcycle will not handle or response a way that it was intended to respond by the manufacture. You will also impose excessive stress on the motor and drive train. In the case that you have a big bike (over 1000 cc) you will still need to take caution to set it up to handle the load of the excess weight. One last thing, if you are excessively over weight, no matter if you do have a motorcycle that can handle your girth or not, please do not ride with a passenger. You risk your life and the life your passenger. Remember, a motorcycle is not designed to handle too much weight. Please read and understand the maximum load capacity of your motorcycle.

Permalink 08/24/08 @ 11:22

Comment from: Norman Gregory Fernandez, Esq. [Member]

· http://www.motorcycleaccidentlawyer.biz/

I have not seen any studies which would show that being overweight would affect how you ride a motorcycle. At first glance you would think that being overweight would affect how someone rides a motorcycle, but if you really think about it, the only time it may become a factor is in an emergency situation i.e. having to maneuver quickly to avoid a car or something on the road. Even then I doubt a skinnier person has a better change then an overweight person.

You are also correct about weight v. CC engine. An overweight person will want to choose a motorcycle that is rated to handle their weight and hopefully a passengers weight.

In the end and like I stated in my article, I think that overweight people can ride just as good as anybody else. I know I have seen it.

Norm

Permalink 08/24/08 @ 12:15

Comment from: Nick [Visitor]

· http://www.hwchicagolaw.com

In the case that you have a big bike (over 1000 cc) you will still need to take caution to set it up to handle the load of the excess weight.

Permalink 08/27/08 @ 09:42

Comment from: Rhino [Visitor]

· http://www.twowheelsdown.com

The overweight are the last group of people where discriminating against them is legal and socially accepted. Good luck with the case and I would like to know it's outcome.

Permalink 10/23/08 @ 21:54

Comment from: gixxer32404 [Member]

How do u determine if your weight is too much for a bike?

Permalink 10/23/08 @ 23:47

Comment from: Thomas Bailey [Visitor]

I too am an obese biker, a pedal biker that is. I don't need a powerful engine to get anywhere. Sure it's rather slow, 15-20 MPH tops, but I think that's plenty. I am able to do this only because I've been physically active nearly my entire life. I don't need some 500+ horsepower engine to get me to places all over the San Francisco Bay Area and beyond

Permalink 11/17/08 @ 06:48

Biker and Motorcycle Related Legal Articles