Motorcycle accidents can have devastating consequences that are often more severe than car accidents due to the vulnerability of the rider. This fact, combined with an inherent bias that many people have against motorcyclists, can make establishing liability in a personal injury case complicated and challenging.
Who Typically Bears the Blame in Motorcycle Accidents?
So then, who is at fault in most motorcycle accidents? In truth, it’s not necessarily helpful to look at any statistics to answer this question. That’s because every motorcycle accident is different, and fault is not always obvious based on initial observations. Instead, it’s best to look at how fault is determined and what you and your lawyer can do to prove the other party’s liability.
Common Causes of Motorcycle Accidents
The cause of a motorcycle accident is directly linked to fault. For instance, if a driver fails to signal when changing lanes and that causes an accident, responsibility for the accident likely falls on that driver. Some common causes of motorcycle accidents include:
- Distracted Driving – In recent years, distracted driving has become one of the most common causes of car accidents. Motorcycles are less visible on the road, which means an inattentive driver poses an even more serious risk.
- Impaired Driving – Driving under the influence results in delayed reaction times and compromised decision-making. If impaired, a driver might be unable to stop in time or simply fail to observe a motorcyclist.
- Speeding – Driving over the speed limit not only increases the risk of an accident but also increases its severity.
- Left-Turn Accidents – Drivers can more easily misjudge the speed of an oncoming motorcyclist when the driver is making a left turn. For this reason, left-turn accidents are among the most prevalent types of motorcycle accidents.
Identifying Fault in Motorcycle Accidents
Determining fault in a motorcycle accident begins with identifying the cause of the accident and all of the potentially liable parties. Once these things are established, evidence must be gathered supporting the claim that the liable party is responsible for the accident. That evidence commonly includes:
- Police Reports – A police report serves as an official document that offers key details about the accident, the involved parties, and any witnesses. They can include diagrams of the crash, weather and road conditions, driver and witness statements, citations issued, and an initial fault assessment.
- Photo and Video Evidence – Images and video of the accident scene can offer visual corroboration of the injured party’s account of the accident. They can depict damage to involved vehicles, road conditions, traffic signals and signs, injuries sustained, and a broader look at the surrounding environment.
- Witness Testimony – A third-party perspective can help eliminate suspicions of bias in the injured party’s account. Witnesses may also have observed crucial details that the injured party did not, such as the other driver behaving erratically or failing to signal.
- Medical Records – Medical documentation doesn’t necessarily prove that the responsible party is liable, but rather what they’re liable for. Physician notes, emergency room records, diagnostic images, and medical bills can show the injuries that the accident caused and the extent of those injuries.
- Expert Testimony – Accident reconstruction experts and medical professionals can provide valuable opinions on the cause of the accident and the nature of the injuries.
Consequences of Fault in Motorcycle Accidents
If responsibility for a motorcycle accident falls on the other party, they face a variety of consequences. On the liable party’s end, they may face everything from raised insurance premiums to criminal charges. However, as far as the person injured is concerned, the liable party’s consequences generally include:
Economic Damages
Economic damages are payments for any tangible financial losses the injured party incurred due to the accident. The liable party may be responsible for:
- Medical Expenses – The cost of ambulance services, hospital stays, doctor’s appointments, surgeries, prescription medications, medical devices, and future medical care related to the accident.
- Lost Wages – The hourly wages or salary, commissions, tips, raises, promotions, sick days, vacation days, medical benefits, and future earnings the injured party may have lost or missed out on due to the accident.
- Property Damage – The cost to repair or replace the injured party’s motorcycle and any other personal property damaged in the accident.
Non-Economic Damages
Non-economic damages are payments for the intangible losses caused by the accident that are not easily quantified. The liable party may be responsible for:
- Pain and Suffering – The intangible losses related to the physical pain and mental anguish caused by the liable party’s negligence.
- Emotional Distress – Compensation for the psychological trauma of both the accident and the injuries they caused.
Steps to Take After a Motorcycle Accident
Your actions in the days and weeks following a motorcycle accident can have a significant impact on the success of your personal injury claim. After you’ve sought medical attention, be sure to:
Contact a Lawyer
Motorcycle injury claims are complex and challenging. An experienced personal injury lawyer can guide you through this process by assessing your case, informing you of your legal options, gathering evidence, negotiating for a fair settlement, and representing you in court if necessary. They can also help you avoid critical errors when documenting your case and dealing with insurance.
Document the Accident
Photos and videos of the accident scene can serve as crucial evidence. You should document the vehicle damage, road conditions, traffic signals and signs, and any visible injuries. You should also gather contact information of the involved parties and witnesses.
Cautiously Notify Your Insurance Company
Your insurance company does need to know about your accident, but you should exercise extreme caution when notifying them. They will use your words against you to weaken your claim whenever possible. Never admit fault, avoid recorded statements, never accept a quick settlement, and speak with a lawyer before speaking with them.
Don’t Post About the Accident on Social Media
Another insurance company tactic is to scour social media for evidence contradicting your claim. You may think your post doesn’t offer anything that might help them do that, but it’s always better safe than sorry. Avoid any accident-related posts at all.
Contact Ted A. Greve & Associates
If you’ve suffered injuries in a motorcycle accident, it’s important not to make any assumptions about who was at fault. Let the experienced motorcycle accident attorneys at Ted A. Greve & Associates review your case and make a professional determination based on all available evidence. Contact us today for your free consultation.
