How Is Liability Determined in Motorcycle Accidents?

Motorcycle accidents often result in serious injuries. The National Highway Traffic Safety Administration (NHTSA) reported that, per vehicle miles traveled in 2023, motorcyclists were around 5 times more likely than passenger car occupants to be injured in a crash. 

Determining who is liable – or legally responsible – for the accident is an important step in successfully recovering compensation for damages. If you were injured in a motorcycle accident, you may be wondering how exactly liability is determined in these types of cases. 

In this article, we’ll explore the legal principles, types of evidence, and investigative steps used to establish fault in motorcycle accidents. Our goal is to help you better understand your rights and options after a crash. 

Understanding the Basics of Liability

Liability in a motorcycle accident is typically based on negligence, which is the failure to exercise reasonable care under the circumstances. 

To hold another party liable, a claimant must prove 4 key elements:

• Duty of care: The other party (usually a driver) had a legal obligation to act reasonably and avoid causing harm
• Breach of duty: The party failed to meet their duty, such as by speeding, failing to yield, or driving distracted
• Causation: The breach directly caused the motorcycle accident
• Damages: The motorcyclist suffered actual losses, such as injuries, lost wages, or medical expenses

Common Scenarios of Liability in Motorcycle Accidents

Liability in motorcycle accidents often occurs when car or truck drivers fail to detect or yield to motorcyclist

s. Let’s discuss some examples.

The driver of a passenger vehicle is at fault

Motorcycle accidents often occur when car or truck drivers fail to detect or yield to motorcyclists. 

Common examples include:

• Left-turn accidents: A driver turns left at an intersection in front of an oncoming motorcycle
• Lane changes: A driver fails to check his or her blind spot and strikes a motorcycle while merging or changing lanes
• Rear-end collisions: A distracted or speeding driver crashes into a stopped or slowing motorcycle

In these cases, a passenger vehicle driver may be held liable for failing to observe basic road safety rules. 

The motorcyclist is at fault

Not all accidents are caused by other drivers. If a motorcyclist is speeding, weaving between cars, or riding under the influence, he or she may be deemed responsible for the crash. 

Insurance companies and courts will consider the motorcycle rider’s conduct carefully to assess liability. 

Shared fault (comparative or contributory negligence)

Some accidents involve shared fault, where both parties bear some responsibility. In jurisdictions that follow comparative negligence, a motorcyclist can still recover damages even if he or she is partially at fault. However, the motorcyclist’s compensation may be reduced by his or her percentage of fault.

In contributory negligence states, however, any fault on the part of the injured person may bar recovery entirely. 

Third-party liability

In some cases, a third party may be responsible for the accident, possibly when the case involves any of the following:

• Defective products: If a motorcycle component malfunctions due to a manufacturing defect, the manufacturer should be liable
• Poor road conditions: Government entities or contractors responsible for road maintenance may be liable if potholes, uneven pavement, or a lack of proper signage caused the crash
• Employer liability: If a commercial vehicle caused the accident while the driver was on the job, the employer may share responsibility

Evidence Used to Determine Liability in Motorcycle Accident Cases

Successful personal injury claims are based on solid evidence. 

Key types of evidence used in establishing fault in motorcycle accident cases include:

• Police reports often contain critical details such as citations issued, witness statements, and officer observations
• Eyewitness testimony can support or challenge claims of negligence
• Medical records demonstrate the extent and cause of injuries
• Accident reconstruction experts can analyze crash information in complex cases
• Traffic camera or dash cam footage can provide clear visuals of how the accident occurred
• Photographic evidence, like pictures of the accident scene, vehicle damage, and road conditions, can help reconstruct what happened

Protecting Your Rights After a Motorcycle Accident

The steps you take right after a motorcycle accident can make a difference in receiving full compensation or having to pay for your damages out of pocket. 

Taking the following steps could help protect your legal rights:

1. Seek immediate medical attention
2. Call the police and get an official accident report
3. Take photographs and gather contact information from witnesses if possible
4. Avoid making statements to insurance adjusters without legal representation
5. Consult a personal injury lawyer

Why Legal Representation Matters After a Motorcycle Accident

Motorcycle accident claims are often more complicated than they initially appear. 

Here are some reasons why hiring an experienced personal injury lawyer can make a major difference:

• Protecting against bias: Motorcyclists often face unfair stereotypes that can influence police, insurers, or juries. A skilled lawyer can counteract this bias by presenting objective evidence. 
• Dealing with insurance companies: Insurers may attempt to minimize payouts by shifting blame or undervaluing injuries. A lawyer negotiates on your behalf and ensures your rights are protected throughout the claims process. 
• Building a strong case: Attorneys gather and preserve critical evidence that may otherwise be overlooked or lost over time. This could include surveillance or dashcam footage, cell phone records, or medical records. 
• Maximizing compensation: Injuries from motorcycle accidents can result in lifelong disabilities and financial hardship. Legal counsel ensures that medical expenses, lost wages, pain and suffering, and other damages are factored into your claim.
• Navigating legal deadlines and challenges: From filing deadlines to procedural rules, personal injury law has many technical requirements. A motorcycle accident lawyer guides you through every step, minimizing the risk of costly mistakes. 

Let Us Help Protect Your Legal Rights

Determining liability after a motorcycle accident is rarely straightforward. Insurance companies often rush to assign blame, sometimes unfairly, and the evidence needed to defend your rights can fade quickly. 

The motorcycle accident attorneys at Johnson Attorneys Group don’t just investigate the facts – we advocate for your future. We can help you uncover the cause of the accident, hold responsible parties accountable, and pursue the compensation you rightly deserve. 

Your recovery is our priority, and your case is our commitment. Call us at 1 (800) 208-3538 or complete the contact form to schedule a free consultation.