Motorcycles provide less inherent safety than vehicles. As a result, motorcycle accidents have a greater impact on the motorcyclist than a motorist driving a car. According to the NHTSA motorcyclists are 28 times more likely to die than car occupants in a crash per vehicle mile traveled.
Identifying the party at fault is critical to determining the liable party. In the case of motorcycle accidents liability is covered under the law of negligence. It states a party is liable if they didn’t exercise care causing the accident. The next part of the article explains how to determine liability in a motorcycle accident.
Causes of Motorcycle Accidents
Identifying the cause of the accident is critical to identifying the liable party. Sometimes the driver and the motorcyclist share fault and in others the motorist or the motorcyclist assume liability wholly. The most common causes of motorcycle accidents include:
A personal injury lawyer may engage an accident reconstruction expert to identify the cause and the liable party. The expert takes measurements of the accident scene to reconstruct the incident leading up to the crash. The investigators may also talk to witnesses to understand the sequence of occurrences.
How to Determine Liability in a Motorcycle Accident
Many motorcycle-related accidents are a result of negligence. The law requires bikers to take active and deliberate steps to avoid causing harm. This means negligence can be an act of omission or commission. A negligence claim has four elements which the plaintiff must show:
Motorists owe a duty of care to other people using roads. As such, they should drive with the same degree of safety a reasonable person would use under similar conditions. For example, a motorist is expected to avoid driving under the influence and to adhere to the stated speed limits. However, state laws differ when it comes to compensation.
Californian laws, for example, allow plaintiffs to recover damages even when they are partially liable under comparative fault. The statute states the jury determines the degree of fault held by each party. As such, the plaintiff’s liability is reduced by the extent of contribution to the accident.
For example, if the jury decides you are 20% at fault and awarded a compensation of $300,000, your damages are reduced by $60,000. If several parties contributed to the accident, the jury determines the percentage of fault caused by each party.
Contact Our Personal Injury Lawyers Today
Enlisting the help of RS personal injury lawyers goes a long way in identifying the liable parties in a motorcycle accident and legal actions available to the victims.
Call us today for advice and adequate representation in a court of law.
blogs
Five Tips for Summer Road Trip Safety
Summer time means warmer weather, and that means road trip time. Whether you’re heading down the street or across the country, there’s always a potential obstacle waiting for you. There’s no reason not to put together a safety checklist, and practice safe driving habits before everything gets crazy. For proper road safety, you’ll want to […]
Lemon Laws and How They Have Impacted Jeep Car Recalls
Lemon Laws and How They Have Impacted Jeep Car Recalls Purchasing a car calls for careful consideration if you are to find a reliable model that suits your needs. More importantly, you need to understand existing laws concerning the warranty, equity, insurance, and various other crucial aspects. Lemon laws are designed to protect buyers from […]
Accidents with the Uninsured
Let’s say the worst happens and you find yourself in a serious car accident. Even if everything after the crash goes according to plan, it is a difficult and confusing process. But if you add to all this the fact that the other person is not insured, you could be left facing an absolute nightmare. […]
Get Personal Injury Help in Southern California and Arizona from RS Law Offices
If you live in Southern California or Arizona, and you’ve been injured in an accident, you may have a right to seek compensation. If you’ve suffered a personal injury, you’re going to have some questions, and navigating those concerns is all but impossible to do on your own. You not only have a right to […]
The Car Crash and the Headache
As we slip into the cooler months, and there is more possibility of rain, it is important to keep safe on the road. Accidents happen, especially when it is raining out there in the desert. You know how to be safe – taking extra time on slippery surfaces, making sure you have your car inspected […]
Hit by a Police Car? Here’s What You Need to Know
Although car accidents are pretty common on Californian roads, car crashes involving law enforcement officers are quite rare. However, this is not to mean they do not happen. A police officer might cause an accident during a police chase against a suspect, or even due to negligence. What do you do when you are injured […]
Understanding California’s Lemon Law
Under California’s Lemon Law, you are protected as a consumer when a vehicle you have purchased is deemed defective and cannot be repaired after a reasonable number of repair attempts. This helps keeps dangerous vehicles off the road, leads you with legal recourse if you are sold a faulty vehicle, and helps get you back […]
Clearing Up Workers Compensation Misconceptions
If we hear the term “workers comp,” we probably feel like we understand the basics – if you get hurt on the job, you file for workers comp, you get time off to heal and hopefully a little extra something along with your salary to make it all easier. In an ideal world, sure, it […]
Car Airbag Injuries: What You Need to Know
Car airbags are designed to save lives in the event of a car crash. They are among the most innovative, auto-safety features of recent decades, and have even been proven effective in reducing driver mortality. However, even though efficient, airbags are sometimes the reason behind fatalities. We explore various airbag defects, the type of injuries […]
Workers’ Compensation Laws in California
Accidents can be very prevalent at work. Some of the common injuries in workplaces include industry deafness as a result of working in a noisy area for a long time, a broken arm from slipping, or a muscle strain from carrying heavy loads. In many cases, employees injured at work usually receive unfair treatment and […]
contact form
