If a motorcycle crash has injured you, you might wonder who is to blame. In most cases, the accident is not the motorcyclist's fault. Other drivers on the road are usually the ones who cause crashes with motorcycles.
If you've suffered an injury from a careless driver while riding your motorcycle, the best thing to do is get medical treatment immediately. Then, call an experienced motorcycle accident lawyer to protect your rights and fight to get you the money you deserve.
Why Motorcycle Accidents Usually Aren't the Rider's Fault
It's a common belief that motorcyclists are reckless thrill-seekers who cause many accidents. But this isn't true. There are a few key reasons why other motorists tend to be the ones to blame in most motorcycle wrecks:
Drivers Don't See Motorcycles
Motorcycles are smaller and less visible than other vehicles on the road. This makes them harder to spot, especially if a driver isn't paying close attention. Many motorcycle accidents happen because a car or truck driver simply doesn't notice the bike until it's too late. They might turn in front of an oncoming motorcycle, change lanes into a motorcycle, or rear-end a motorcycle that's stopped in traffic. In all these cases, the crash results from the driver not seeing the motorcycle.
Distracted Driving
Distracted driving is a serious problem on today's roads. Drivers are often more focused on their phones, radios, and passengers than on operating their vehicles safely. Distraction is a factor in a large number of motorcycle accidents. A driver texting, checking email, or fiddling with the stereo might not see a motorcycle until they've already crashed into it. Distracted drivers put everyone at risk, but motorcyclists are especially vulnerable.
Following Too Closely
Tailgating is always dangerous but even worse when a motorcycle is involved. Some drivers don't realize motorcycles can stop much faster than larger vehicles. If a driver follows a motorcycle too closely, they cannot stop in time if the motorcycle has to brake suddenly. Rear-end collisions are one of the most common types of motorcycle accidents, and they're almost always the fault of the driver in the rear.
Speeding and Aggressive Driving
Speeding, weaving through traffic, and ignoring traffic signals - these aggressive driving behaviors cause many problems for motorcyclists. A speeding driver may not have time to react if a motorcycle slows down or stops. Changing lanes without looking can easily lead to sideswiping a motorcycle. Running red lights or stop signs puts crossing motorcycles at serious risk.
Motorcycle riders don't have the protection of airbags, seatbelts, and a metal frame like people in cars do. When aggressive drivers cause accidents, the motorcyclist often pays the price.
Impaired Driving
Drunk driving and drugged driving put motorcyclists in extreme danger. Alcohol and drugs impair a driver's coordination, judgment, and reaction time. This makes it much harder for them to drive safely and avoid crashing into motorcycles.
An impaired driver may drift out of their lane, turn in front of an oncoming motorcycle, or fail to brake in time to avoid a collision. These substances also make drivers more likely to engage in risky behaviors like speeding and aggressive driving. Impaired drivers pose a major threat to motorcycle riders.
Road Hazards
Sometimes, dangerous road conditions, rather than another driver's actions, cause motorcycle accidents. Potholes, large cracks, uneven pavement, and loose gravel can all spell disaster for a motorcyclist. If the government agency responsible for maintaining the roads fails to address these hazards, they may be liable for accidents and injuries. An experienced motorcycle accident attorney can determine if you have a case against the parties responsible for keeping the roads safe.
Learn more: What Are the Causes of Motorcycle Accidents?
The Role of Negligence in Motorcycle Accident Claims
You must show that someone else was negligent to get compensation after a motorcycle accident. Negligence means failing to exercise reasonable care and putting others at risk. As we've discussed, many motorcycle crashes result from negligence by other drivers on the road.
Common examples of driver negligence that leads to motorcycle accidents include:
- Not checking mirrors or blind spots before changing lanes
- Following a motorcycle too closely
- Turning left in front of an oncoming motorcycle
- Pulling out in front of a motorcycle at an intersection
- Failing to yield the right-of-way to a motorcycle
- Speeding or driving too fast for conditions
- Driving while intoxicated
- Driving while distracted by a phone or other device
- Opening a car door into the path of a motorcycle
If a driver is careless and causes an accident, they can be liable for the motorcyclist's injuries. Their insurance company will pay the motorcyclist's medical bills, lost income, pain and suffering, and other losses.
But the driver isn't always the one at fault. In some cases, the motorcycle manufacturer or the maker of a specific part may be to blame for an accident.
Defective brakes, tires, handlebars, or other components can easily cause a motorcyclist to lose control and crash. If a safety feature like the helmet or riding gear is faulty, a rider can be vulnerable to more severe injuries in an accident. When a defective product causes an accident, the manufacturer can be liable through a product liability claim.
The city, county, or state government in charge of road design and maintenance may also be liable for a motorcycle wreck in certain situations. Dangerous road conditions like large potholes, uneven surfaces, steep drop-offs, and malfunctioning traffic signals can all contribute to serious motorcycle crashes. If the responsible government agency knew or should have known about the hazard but failed to fix it, they may be on the hook for resulting injuries and damages.
After any kind of motorcycle accident, it's important to identify everyone who may have been at fault. This is not always obvious in the immediate aftermath of a crash. It often takes a skilled motorcycle accident lawyer to investigate what happened and who is to blame. That's why you should speak with an attorney as soon as possible if a motorcycle accident has injured you. You may have a right to compensation from multiple parties.
Proving Fault in a Motorcycle Accident Case
Success in a motorcycle accident claim depends on proving that someone else was at fault for the crash. You need evidence to show what the other party did wrong and how their actions led to your injuries.
A good motorcycle accident attorney will launch an immediate investigation to secure important proof like:
- Police accident reports
- Statements from eyewitnesses
- Photos and video of the accident scene
- Photos of the damage to the vehicles
- Data from the vehicles' event data recorders ("black boxes")
- Surveillance footage from nearby cameras
- Cell phone records
- Toxicology reports
- The other driver's history of accidents and traffic violations
Building a strong negligence case is key to winning your claim and recovering the full compensation you deserve. It requires gathering the right evidence and compiling the pieces to tell a persuasive story. You need to show that the other party owed you a duty of care, that they breached this duty by acting carelessly, and that their carelessness is what caused your injuries.
You also need proof of the extent of your injuries and your losses. An experienced motorcycle accident lawyer will know how to build a compelling case for maximum compensation.
Compensation for Injured Motorcyclists
Motorcycle accidents can result in very serious injuries. Without the protection of an enclosed vehicle frame, motorcyclists face the full force of an impact during a crash. This can lead to broken bones, neck and back injuries, traumatic brain injuries, spinal cord damage, and many other devastating harms.
Medical treatment for these injuries is often lengthy and expensive. You may be facing a long rehabilitation process and an overwhelming stack of medical bills.
If you've suffered an injury in a motorcycle accident that wasn't your fault, you shouldn't have to bear these costs on your own. You may be entitled to compensation for:
- Medical bills (past and future)
- Lost earnings
- Reduced future earning capacity
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Loss of enjoyment of life
- Motorcycle repair or replacement
The value of your claim will depend on factors like the severity of your injuries, the amount of income you've lost, and how the accident has impacted your life. An experienced motorcycle accident lawyer can give you a better idea of what your case may be worth. They'll fight to get you every dollar you deserve from the insurance company or at-fault party.
Wrongful Death in Motorcycle Accident Cases
Sadly, many motorcycle accidents are fatal. If you've lost a loved one in a motorcycle crash caused by someone else's negligence, you can file a wrongful death claim.
These claims allow certain family members to seek compensation for losses such as:
- Funeral and burial expenses
- Medical bills from your loved one's final injury
- Your loved one's lost income and benefits
- Loss of your loved one's care, companionship, and guidance
- Your family's pain and suffering
No amount of money can ever make up for the loss of a loved one. However, a wrongful death claim can provide financial support in a difficult time. It can also hold the at-fault party accountable and give you a sense of justice. If you're grieving a family member after a fatal motorcycle accident, reach out to a compassionate motorcycle accident attorney to discuss your legal options.
FAQs About Motorcycle Accidents
Here are some common questions people have after being injured in a motorcycle crash:
How long do I have to file a motorcycle accident lawsuit?
Every state has a law called a statute of limitations that puts a deadline on filing an injury claim. If you miss this deadline, you lose your right to compensation. The statute of limitations for motorcycle accident lawsuits varies from state to state. In some places, you may have as little as one year from the accident date to take legal action. So, it's important to speak with a motorcycle accident lawyer as soon as possible to make sure you don't miss any critical deadlines in your case.
Will my health insurance cover my medical bills after a motorcycle accident?
If you have health insurance, your policy will probably pay for at least some of your initial medical treatment after a motorcycle crash. But you'll still be responsible for copays, deductibles, and other out-of-pocket costs. Your health insurance company may also put a lien on your settlement, requiring you to pay back the money they covered from your injury claim proceeds. In the end, the at-fault party and their insurance company should be the ones paying for the medical bills related to your motorcycle accident.
Should I accept a settlement offer from the insurance company?
It's common for insurance companies to contact motorcycle accident victims soon after a crash and offer a quick settlement. As tempting as it may be to take this money and put the whole thing behind you, accepting an early offer is almost always a mistake.
The insurance adjuster aims to get you to settle for as little as possible. The first offer will not be enough to cover the full extent of your medical needs and other accident-related losses. A motorcycle accident lawyer can handle the negotiations with the insurance company and work to get you a settlement that reflects the true value of your claim.
What if the at-fault driver doesn't have insurance?
If an uninsured or underinsured driver has hit you, you may still have options for compensation. Your insurance policy may include coverage for uninsured/underinsured motorists (UM/UIM). This type of insurance kicks in if you suffered an injury from a driver with insufficient insurance.
If you have UM/UIM coverage, you can file a claim with your insurance company up to the limits of your policy. A motorcycle accident lawyer can aid you in dealing with your insurance company and pursue the compensation you need to move forward.
Contact a Motorcycle Accident Lawyer Now
If you or a loved one has suffered an injury in a motorcycle accident, don't wait to get legal advice. Evidence can disappear quickly, and there are deadlines for taking action. An experienced motorcycle accident lawyer can start work on your case right away. They will investigate the accident, gather evidence, handle the insurance company, and fight for the full and fair compensation you deserve.
Look for a motorcycle accident lawyer with specific experience handling cases like yours. You want someone who understands the unique issues involved in motorcycle crash claims and knows how to build a strong case.
Schedule a consultation with a motorcycle accident lawyer in your area to discuss the details of your case and learn more about your rights. Most motorcycle accident lawyers offer free initial consultations, so it won't cost you anything to get some preliminary legal guidance.
The sooner you get a skilled motorcycle accident lawyer, the better. Your lawyer will make sure your rights are protected and work tirelessly to get you the best possible outcome in your case. Call a motorcycle accident lawyer today to start the road to recovery.
