Who Is At Fault In Most Motorcycle Accidents?

Victims of motorcycle accidents caused by someone else’s negligence have the right to file a lawsuit seeking compensation for their losses. At the foundation of any personal injury case is the question of fault. As the plaintiff, you are responsible for proving that the other party involved in your accident is to blame. If you are unsure about the role of fault in your case, a motorcycle accident attorney could help you understand what legal options are available in your case.

How Is Fault Determined in a Motorcycle Accident?

Fault is determined in a motorcycle accident case by investigating the case’s specifics. It is not uncommon for motorcyclists to be the victims in collisions due to their decreased visibility on the road. Some common causes of motorcycle accidents include:

• Reckless or distracted driving by either party
• Driving under the influence
• Changing lanes unsafely
• Speeding
• Making unsafe turns

Road hazards and defective motorcycle parts can result in personal injury lawsuits. For example, if your accident resulted from a faulty part on your motorcycle, you may be able to file a product liability lawsuit against the manufacturer. However, cases involving driver negligence in which both drivers are at fault can be more complex.

What if Both Parties Are at Fault?

The defense may respond to your lawsuit with allegations of your negligence. Should the court decide those allegations are reasonable, the comparative negligence rule dictates the amount of compensation available to you. Additionally, there are two types of comparative negligence:

1. Few states follow the pure comparative negligence rule, which allows you to recover even a tiny fraction of compensation as long as you are not entirely to blame for the accident.
2. Most states follow the modified comparative negligence rule, which inhibits your ability to receive compensation if you bear more blame than the defendant.

For example, you can be 49% responsible in a modified comparative negligence state and still recover 51% of your losses. However, if you are 50% responsible, the court will not award you compensation. Therefore, in your initial consultation, discuss fault with your attorney to understand what details of your case could affect compensation.

What Should You Do After a Motorcycle Accident?

In the event of a motorcycle accident, your actions in the aftermath can significantly affect your ability to recover compensation for your losses. Unfortunately, if you suffer severe bodily injuries, there is little more you can do but wait for emergency medical professionals to arrive and carry you to the hospital. However, if you are able, there are a few things you should do immediately after the crash:

• Report the accident to the police. Most states require you to report any auto accident resulting in injuries or substantial property damage. Additionally, the police will investigate the scene and document their evaluation in a report. If they determine which party is at fault, they will also list that in the information, which will be a significant source of evidence in the case.
• Take photographs. If you are able and have a camera or smartphone, take pictures of the damage to both vehicles, the injuries on your body, any traffic signs in the area, and the wide shots of the scene.
• Ask everyone for their information. The only time you want to speak to anyone on the scene is to ask for the driver’s contact information. Take a photo of their license and insurance card. Additionally, you can ask any eyewitnesses for their names and contact information.
• Get a medical evaluation. Regardless of how you feel in the immediate aftermath of the accident, you should see a doctor for an assessment to ensure you have no internal injuries.
• Talk to a motorcycle accident attorney. The financial damages from a motorcycle accident can start to compound quickly. Therefore, the sooner you speak with a motorcycle accident attorney, the faster you can file a claim and recover the compensation you need.

Once you speak with an attorney, you can present all the information you collected. Keep in mind that your attorney will conduct their own investigation into your case.

What You Should Not Do

Motorcycle accident victims make a few common mistakes that could damage their chance of receiving compensation. Some things you should not do include:

• Talking about the experience. Your instincts may guide you to talk about the accident, especially after it occurs when your adrenaline is still running, and the shock has not yet worn off. However, you should avoid talking to anyone apart from the police. Additionally, if you have profiles on any social media accounts, avoid posting about the accident or your case. The insurance companies will monitor your online activity during their investigation.
• Not reporting the accident. Most states require you to report the accident if you suffered any injuries. Your attorney could also use the report to help support your liability claim.
• Waiting too long to see a doctor. A common mistake is waiting too long to seek medical attention. A significant gap between the time of the accident and when you visit a doctor could reduce your chances of receiving compensation. The defense may claim you exacerbated your injuries by delaying medical treatment, or they may argue your injuries were the result of something other than the accident. 
• Waiting too long to take action. Delaying the process to file your lawsuit could result in the dismissal of your case. The state mandates a statute of limitations for filing a suit for a motorcycle accident case. In most states, you have a maximum of three years from the date of the accident to file. 

During your initial consultation with a motorcycle accident attorney, they will ask you about the accident and your subsequent actions. Their job is to protect your rights, which is why your attorney will ensure you act within your best interests.

What Are the Benefits of Hiring a Motorcycle Accident Attorney?

Auto accidents do not always result in lawsuits, even those involving more than one party. For example, if your accident resulted in minimal property damage and no personal injuries, you can likely file a claim with the insurance company and receive compensation with little conflict. However, motorcycle cycle accidents can result in significant losses, making the road ahead challenging for someone with little or no legal experience. A motorcycle accident attorney can help you file your claim and argue your case, among other advantages:

• They file the case paperwork to get your lawsuit started.
• They investigate your claim, conducting interviews and evaluating all the evidence.
• The access experts to help support your claim when necessary.
• They represent you throughout the process so you can recover from your injuries without the added stress.
• They provide a legal, objective perspective.
• They help prevent you from making critical mistakes that could damage your chance of receiving compensation.
• They negotiate for a fair settlement reflecting the actual value of your claim.

Most importantly, a motorcycle accident attorney can help you find peace of mind during this challenging time. At Fielding Law, our dedicated attorneys are motivated and willing to support you. We offer legal expertise and friendly compassion to all our clients because we understand the devastation you face after a severe motorcycle accident. If you have questions about the details of your accident and how fault affects your case, contact us today by filling out our online case evaluation form, or call us at (877) 880-4090 for your risk-free consultation.