Who Is at Fault in a Motorcycle Accident?

• November 8 2024
• |   Motorcycle Accidents

The sound of the engine, the rush of the wind, and the tilt of a motorcycle as it maneuvers through curves and tight spaces create an exhilarating experience that other vehicles cannot give. Unlike cars, motorcycles offer riders freedom, adventure, and adrenaline as they pass through traffic or cruise the highway. However, these features that make motorcycles different from other vehicles also make them susceptible to accidents.

A motorcycle’s lack of protective barrier, direct exposure to elements like wind, debris, and road hazards, and lowered visibility increase the risks of motorcycle accidents. Many people often assume that motorcycle riders are at fault when these accidents occur, but that is not always the case. This blog will help you understand the people that can be held responsible for motorcycle accidents.

You can contact us if you or a loved one has been involved in a motorcycle accident and you don’t know who to hold liable or have difficulty identifying who is at fault. We have competent and reliable motorcycle accident lawyers who can help you.

Why Hire a Motorcycle Accident Lawyer From Leverty & Associates Law?

At Leverty & Associates Law, we understand the financial, physical, and emotional burden of motorcycle accidents, especially when someone else’s negligence causes it. We have experienced and highly skilled lawyers who are always ready to fight in your favor and help you get the compensation you deserve. Our lawyers will dedicate their expertise and skills to ensure you get a favorable outcome.

We have a proven track record of successful cases. The positive reviews from our clients show our dedication and commitment to each case. When you choose us to represent you, you can rest assured that your case is in capable hands. Contact us today in Reno at (775) 322-6636 to learn more about how we can help you.

Navigating the aftermath of a motorcycle accident needs expert guidance. Our lawyers will help you through the entire process.

Who Can Be Held Responsible for a Motorcycle Accident?

When a motorcycle accident happens, figuring out who is to blame can get complicated. In most cases, it usually comes down to negligence, which means someone was not acting responsibly or following traffic rules. Several people could be at fault in a motorcycle accident:

Other Drivers

Contrary to what most people believe, in most motorcycle accidents, another driver is usually to blame. Since motorcycles are smaller than cars and trucks, other drivers sometimes do not see them. This is especially true if they are distracted by their phone, eating, or not paying attention.

Some common ways other drivers cause accidents include:

• Not giving the motorcyclist the right of way (letting them go first when they’re supposed to)
• Changing lanes without checking to see if a motorcycle is nearby
• Driving too fast or recklessly
• Driving while drunk or on drugs.

The Motorcyclist

Sometimes, the motorcyclist can be at fault, either wholly or partly. For instance, they could be speeding or doing something risky. Some examples of when the motorcyclist might be responsible include:

• Speeding or weaving in and out of traffic lanes
• Ignoring traffic lights or stop signs
• Breaking other traffic laws
• Carrying out dangerous riding moves.

Shared Fault

In some cases, the motorcyclist and another driver could be at fault. This is called “comparative negligence.” In this scenario, the blame is shared between the parties. For example, if a motorcyclist was speeding but the other driver made an illegal turn, they might both get part of the blame.

Road Conditions and Hazards

Sometimes, it’s not the drivers who are at fault but the condition of the road itself. Bad road conditions like potholes, loose gravel, or construction zones can lead to accidents. In these cases, the government agency responsible for keeping the roads safe might be held accountable.

Vehicle Manufacturers

If the accident happens because something in the motorcycle did not work as it should — for example, the brakes failing or a defective tire — the company that made the vehicle or part could be to blame. This is called “product liability,” and we can help you take legal action against the negligent manufacturer.

Why Is Determining Fault Important?

Knowing who caused a motorcycle accident is important because it tells you who to hold responsible for the damages you incurred. Usually, the person at fault, or their insurance, has to cover the following:

• Medical bills
• Lost wages
• Repairs to your motorcycle or other property
• Other costs related to the accident.

If you didn’t cause the accident, you can ask for compensation for all these things. However, if you and the other person are partly at fault, your payment might be less. For example, if you’re 20% responsible for the accident, you might get only 80% of the compensation.

At Leverty & Associates Law, our lawyers fearlessly tackle insurance companies notorious for underpaying and denying compensation.

What To Do After a Motorcycle Accident

If you have been in a motorcycle accident, there are specific steps you have to take to file a compensation claim. This is what you need to do:

• Collect Evidence: Take photos of the scene, talk to witnesses, and, if you can, get a copy of the police report. All of these will help you build a strong case against the offending party.
• See a Doctor: Even if you feel okay, see a doctor. You might feel alright after the crash, but some injuries take time to show up. Also, a visit to the doctor will provide further evidence of the damage you incurred from the accident.
• Talk to a Lawyer: Our experienced lawyers can determine who is at fault. We will also help you file a hard-to-deny compensation claim. We will handle all the negotiations and settlements involved; however, if that does not happen, we will help you file a lawsuit and represent you in court. We will make sure you get the compensation you deserve.

Get Help From Leverty & Associates Law

At Leverty & Associates Law, we have more than 50 years of experience, knowledge, and skills that have helped us work well with our clients. We have successfully achieved many important legal goals of our clients, and we can help you achieve yours, too. Don’t wait to seek the justice you deserve; contact us at (775) 322-6636 for a free initial consultation.