Motorcycle accidents can be extremely devastating, often resulting in severe injuries or even death. When such accidents occur, you may wonder who is at fault, especially if you want to recoup your losses. This is often a more complicated matter in injury claims than necessary due to bias against motorcyclists.
The reality is that fault in motorcycle accidents often lies with other drivers, though motorcyclists continue to face blame for their own injuries.
Determining fault requires a thorough investigation of the specific circumstances surrounding the accident. You must provide evidence of another driver’s negligence to prevail in your case and collect compensation.
If you or a loved one suffered an injury in a motorcycle accident, always seek legal guidance to ensure you can properly prove fault. Contact a motorcycle accident attorney near you to discuss your case and explore your options for seeking the justice and compensation you deserve.
Car or Truck Drivers are at Fault for Most Motorcycle Accidents
Regarding fault in most motorcycle accidents, statistics show that car or truck drivers are often to blame.
According to the National Highway Traffic Safety Administration (NHTSA), in most multi-vehicle accidents involving motorcycles, the other vehicle's driver violated the motorcyclist's right of way.
One of the main reasons car or truck drivers are at fault for these accidents is their failure to see motorcycles on the road. Motorcycles are smaller and more maneuverable than cars, making them less visible to drivers.
This can lead to dangerous situations where drivers may change lanes without properly checking for oncoming motorcycles or fail to yield at intersections, resulting in collisions.
In addition, many drivers do not understand or underestimate motorcycles' capabilities and limitations. They may fail to give motorcyclists enough space on the road, cut them off, or misjudge their speed, leading to accidents.
When a driver is to blame for your motorcycle crash, they should cover the costs of all your injuries. A motorcycle accident lawyer can pursue the proper claims against the driver.
Ways Drivers Cause Motorcycle Crashes
There are several common ways in which drivers cause motorcycle crashes:
- Failure to check blind spots: Car and truck drivers often fail to check their blind spots when changing lanes or merging, leading to collisions with motorcycles.
- Distracted driving: Drivers who are texting, talking on the phone, or engaging in other distracted behaviors are less likely to notice motorcycles on the road, increasing the risk of accidents.
- Failure to yield: Many motorcycle accidents occur at intersections where drivers fail to yield the right of way to motorcyclists, resulting in T-bone or head-on collisions.
- Sudden lane changes: Drivers who make sudden lane changes without warning or signaling can collide with motorcycles in their blind spots.
- Aggressive driving: Aggressive behaviors such as tailgating, speeding, and weaving in and out of traffic can create dangerous situations for motorcyclists, who are more vulnerable to injury in a crash.
Whether or not a driver received a citation for a traffic violation following the crash, a motorcycle accident attorney can assess liability and determine the best way to prove the driver’s fault.
Insurance Companies Try to Blame Motorcyclists to Minimize Liability
Insurance companies are notorious for trying to shift blame onto motorcyclists to minimize their liability and avoid paying compensation. They may argue that the motorcyclist was speeding, not wearing protective gear, or otherwise behaving recklessly to try and reduce the amount of money they have to pay.
Insurers often use the image of motorcyclists as risk-taking thrill-seekers to assert the motorcycle rider caused the accident. These companies try to minimize what they must pay on behalf of policyholders, but anyone injured should never have to deal with being unfairly blamed for their own injuries.
Insurance companies do not always decide correctly regarding fault. Fault in an accident should be determined by carefully investigating the specific circumstances surrounding the incident, not based on assumptions about motorcyclists.
Further, just because a motorcyclist may have been speeding or not wearing a helmet does not automatically make them at fault for the accident. Other drivers are still responsible for driving safely and watching out for motorcycles on the road.
You need a motorcycle accident attorney who stands up and fights for injured motorcyclists.
How a Lawyer Can Challenge Unfair Blame of Injured Motorcyclists
If you or a loved one has been injured in a motorcycle accident and you believe that you are being unfairly blamed by the insurance company or other parties involved, it is imperative to seek legal representation.
A skilled and experienced motorcycle accident lawyer can challenge the unfair blame and fight for your rights.
Here are some ways a lawyer can help you:
- Thorough investigation: A lawyer will conduct a thorough investigation of the accident, gathering evidence, interviewing witnesses, and reconstructing the scene if necessary. This will determine the true cause of the accident and establish liability.
- Expert testimony: In complex cases, a lawyer may enlist the help of accident reconstruction experts, medical professionals, and other experts who can provide testimony to support your claim and challenge the unfair blame.
- Negotiation with insurance companies: A lawyer can handle all communication and negotiations with the insurance company on your behalf. They will protect your rights and fight for the maximum compensation you deserve.
- Court representation: If a fair settlement cannot be reached through negotiation, a lawyer will be prepared to take your case to court and advocate for you in front of a judge and jury.
Consult a Motorcycle Accident Lawyer Now
If you or a loved one suffered an injury in a motorcycle accident and you believe you face unfair fault, consult a motorcycle accident attorney as soon as possible.
Better yet, contact a lawyer before you even begin the claim process. They can often head off any motorcycle bias with strong evidence from the start of the process.
Contact a motorcycle accident lawyer near you today to discuss your case and explore your options for seeking the justice you deserve. Remember, you should never take on insurance companies alone.
Adam B. Lawler
Attorney at Law / Partner
Adam Lawler is the founder of Lawler Brown. Adam is a 2004 graduate of Saint Louis University School of Law. Adam worked for a local firm until founding the Lawler Brown in 2009. Adam’s practice areas focus in Personal Injury, Business, Real Estate, Probate/Trust/Estate Administration and general litigation.
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