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
5 Things Cyclists Should Do After a Bike Accident in California
Biking, especially on a highway, is a fun and an adrenaline-filled way to keep fit and explore what California has to offer. At the same time, it’s also a dangerous activity as the chances of being rear-ended by a motorist in California are pretty high. Unfortunately, when a bicycle accident happens, most cyclists often have […]
Defensive Driving in Arizona
Learning to drive defensively can be an effective skillset for any driver, anywhere. With collision-related deaths in Arizona going up from 2019 to 2020, from 980 to 1,057, now is a good time to keep in mind your safety and the safety of those around you while on the road in Arizona. Of course, many […]
Five Helpful Facts and Tips About Motorcycle Accidents
Motorcycles are specialist machines. They require their own licenses, training and a specific discipline for driving safely. Learning to drive defensively on a motorcycle can be more difficult than doing so in an automobile. Each year, there are 2,907 total motorcycle crashes, 2,274 of which result in injuries and 156 of which result in some […]
Common Land Rover Problems: When to Apply the Lemon Law
Range Rovers have an irresistible allure. One characterized by a sporty appearance, high performance, and luxurious interior. They also have a high safety rating, but it’s not uncommon for them to experience problems that render them as lemon. Some of the issues have led to recalls, and others are yet to be addressed by the […]
Tips for Pedestrian Safety
We all know that walking to work is good for your health. The benefits of fresh air, increased heart rate, and the relaxing effects of movement are well documented. It’s healthy to walk anywhere! But, what about the risks? When you hear medical advice, suggesting that you walk more, you rarely hear about the dangers […]
Four Arizona Workers’ Compensation Tips
If you live in Arizona and you suffer an injury while on the job, you should know your rights, in terms of representation, potential compensation, and the laws surrounding workers’ compensation. You should make sure to seek proper medical care, as well, and be certain to keep records of communications and treatments for future reference, […]
Cell Phones and Accidents on the Road
We have all done it. Even with the headsets, the hands-free devices, and the ability to connect your phone to your car, all of us have reached for the phone while driving. Whether it’s checking a quick text at a stoplight or messing around with your maps app while driving in a new place, the […]
Benefits of a Dashboard Camera
As we all know, the streets and highways of California can be a wild place and accidents can happen. Collisions can range from disorienting to terrifying, and reconstructing the events around a crash can be a challenge in some cases. While there are more street and traffic light cameras than ever before, obviously not every angle of […]
Pedestrian Safety
For obvious reasons, there’s much more discussion out there about safe driving, or even safe bicycle riding, than there is about being a safe pedestrian. After all, it seems like we should just be able to walk safely down a street, and especially where pedestrians have right of way, walking seems like the safest option. […]
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 […]
contact form
