Determining Fault in a Motorcycle Accident

The common assumption when people hear about a motorcycle crash is that the motorcycle rider must have been doing something they shouldn’t. “There can be bias in juries where they can make negative assumptions about motorcycle riders,” says Ann Jacobs, a personal injury attorney representing car and motorcycle accident victims in Milwaukee, Wisconsin. “But the goal of the lawyer is to mitigate it.”

Just like multi-passenger vehicle accidents, the subject of fault is a murky one. Determining fault is essential for pursuing compensation for accident injuries and damages.

What Are the Most Common Causes of Motorcycle Accidents?

The most common cause of motorcycle accidents is a driver failing to see the motorcyclist. This could happen for various reasons, from the motorist being distracted to the biker riding recklessly.

According to the National Safety Council, most motorcycle and vehicle accidents happen during the day and in good weather. The Insurance Information Institute found that the majority of accidents occur between 3 and 9 p.m. Interestingly, 72 percent of motorcycle riders in fatal accidents with motor vehicles were not alcohol-impaired. Front-end collisions were the most common type of accident (76 percent) that resulted in fatality. The least common type of vehicle-on-motorcycle accident is a rear-end collision, where the passenger vehicle runs into the back of a motorcycle.

Common Motorist-Caused Accidents

The most common reason vehicles collide with motorcycles is because they fail to see the oncoming motorcycle when turning left. Because motorcycles are smaller than the rest of the vehicles on the road, they are harder to see. It is hard to accurately determine the motorcycle’s speed when they are moving towards you. This leads to the driver thinking they have enough time to turn in front of them when, in reality, there isn’t.

The second most common reason for motorist-caused motorcycle accidents is a failure to give right of way or respect the motorcycle’s space on the road. Most crashes happen in places without traffic controls, such as a yield sign or red light. In accidents where there were traffic controls or signage, they were ignored. In these situations, the vehicle driver is at least partially at fault. Other common reasons the vehicle driver could be at fault include:

• Left-turn accidents
• Distracted drivers
• Door-opening into a lane
• Unsafe or reckless lane changes
• Brake-checking
• Failure to yield

Common Motorcycle-Caused Accidents

When looking at motorcyclist-caused accidents, speeding was involved in 34 percent of them. Other common rider errors include lane splitting, improper lane change, and right-of-way violations.

Accidents also happen due to visibility issues because the motorcyclist was riding in a place where the other driver couldn’t see them. This is why it’s so important for motorcycle riders to stay alert to the other traffic on the road and consistently adjust to maintain visibility.

Finally, impatient riders attempting to pass a vehicle on the left when the vehicle is turning left commonly cause accidents. The driver doesn’t look or expect someone to pass them on to the left. They turn, and the motorcycle is now in their path.

Who Is Typically At Fault in a Motorcycle Accident Case?

Because there are so many different types of motorcycle accidents, and each has unique facts, no one party is always at fault. According to crash data compiled by the National Highway Traffic Safety Administration (NHTSA), most motorcycle and vehicle accidents happen because motorists fail to see the motorcyclist. This goes against the general assumption that motorcycle riders are reckless and almost always the at-fault party.

In many situations, the answer to fault is not clear. The accident resulted from both parties acting in a manner that led to the accident. In this situation, both parties would be assigned a percentage of liability.

It is also possible that another party is at fault for the accident. If the driver was working at the time, their employer could be named as a potential liable party. There could be another driver on the road whose actions caused the accident, but they were not directly involved in it. The road conditions could have created unsafe driving conditions that resulted in loss of control and led to the accident. In this case, you may be able to hold the local municipality, county, or state liable. Finally, if there was a mechanical defect, the manufacturer of the vehicle or motorcycle may be liable for the accident.

Build Your Motorcycle Accident Claim By Gathering Evidence

Whether you are a motorcycle rider or a vehicle driver, you will need to gather evidence to build your case. Experienced attorneys know what type of evidence is the most effective in motorcycle accident cases. The evidence you gather will help you establish liability to determine who is at fault for the accident. Jacobs explains that accident evidence is about telling a story. “Lawyers try to show that their motorcycle driver was, in fact, being a safe and responsible motorcycle driver as opposed to a stereotype of all motorcyclists,” she says.

Try to gather as much evidence as possible from the accident scene. This includes pictures and video of the vehicles involved, driving conditions, and the general area. Capture images of skid marks, weather conditions, and debris spread. These will help establish vehicle speed and directional movement. Request a copy of the police report that the responding officer prepared.

Look around the accident scene to gather supporting evidence. This could include witness statements from independent parties who saw the accident. These third-party statements can help support your version of events. It could also include the footage from traffic cameras or nearby surveillance cameras. All of this evidence can be used to make an accident reconstruction that can better show who is the at-fault party.

You will also need evidence of your injuries and property damage. Medical bills, diagnoses, and expert witness statements can establish the extent of your injuries and connect their cause to your motorcycle accident. Repair quotes can help you establish the extent of your property damage.

With action cameras becoming increasingly popular, more motorcycles are using them on their person or bike. These tiny video recording cameras have impressive durability. You may be able to obtain valuable video evidence of the accident.

The Motorcycle Accident Case Process

If you are in a motorcycle accident, it’s wise to speak with an attorney to understand your legal rights, options, and duties. Motorcycle accident procedures differ from a state’s vehicle accident laws, insurance procedures, and court case handling. For example, Florida is a no-fault insurance state. However, this does not apply to motorcycles. This means you must file a claim with the other party’s insurance company or file a lawsuit to recover compensation for damages.

Statute of Limitations

Filing a motorcycle accident lawsuit would fall under the personal injury category. Each state has a set amount of time for you to file your lawsuit. Depending on the state, this time limit could start on the day of the incident. In other states, it is when the injury was or should have been discovered. The statute of limitations ranges from two to six years.

If you think you might have a claim, don’t wait to speak with a personal injury attorney for a free case evaluation. Once you decide to proceed with a claim, your attorney will need enough time for the next steps without worrying about running out of time. You could be barred from recovery if you fail to file your lawsuit before the statute of limitations deadline.

Insurance Claim and Settlement Phase

Before you file your lawsuit, your attorney will send a demand letter to the other driver’s insurance company. It will outline your legal claims and include a settlement amount. The insurance company can accept your demand, counteroffer, or deny it.

In many cases, your attorney will negotiate with the insurance company. If you reach a fair settlement, then this will be the end of your claim process.

Filing a Motorcycle Accident Lawsuit

Sometimes, you won’t be able to agree on a settlement amount. When this happens, your attorney will move forward with filing a lawsuit. This initiates an injury claim case in civil court. Your attorney and the insurance company’s lawyers will enter the discovery phase. This is where the parties gather as much evidence as possible to prove their case.

In many cases, the trial phase will not be reached because the parties agree to a settlement amount before the trial date. However, some cases make it to trial. Both parties present their arguments in front of a judge. The judge will listen to the arguments and then make a ruling based on the evidence presented and the applicable laws.

There is no guarantee of the outcome of your claim. The judge could rule in you or the other party’s favor. The responsible party will be liable for the other party’s loss.

Calculating Damages

Depending on your state, you may not get the full value of your claim. In states that use contributory negligence, you cannot recover if you are found even partially liable for the accident. In states that use pure comparative negligence, your recovered damages are reduced by the percentage you are found at fault. There are also modified comparative fault states that bar recovery if you are more than 50 percent at fault.

Find an Experienced Motorcycle Accident Lawyer

Whether you were driving the passenger vehicle or on the motorcycle, speaking with a lawyer about your personal injury case can help you understand your legal rights. A motorcycle accident attorney focuses on representing clients who were involved in this subcategory of auto accidents. They understand the unique challenge of overcoming societal assumptions, the likelihood of extensive injuries, and the unique traffic laws that can impact recovery.

Visit the Super Lawyers directory to search for a motorcycle accident lawyer who can give you a case evaluation.