Due to the lack of protection around motorcycles, motorcycle accidents often involve very serious injuries to the rider. This can leave riders with debilitating pain, expensive medical bills, and lost wages. Establishing motorcycle accident liability is essential to recovering a full and fair settlement, because insurance companies may hold biases against motorcyclists and attempt to shift blame for an accident onto the rider. A thorough investigation can help establish what happened so the liable party can be held responsible.
In this blog, we will explore how fault is determined in motorcycle accidents. If you or a loved one was injured in a motorcycle crash, an experienced, local motorcycle accident attorney can determine the true value of your case, gather evidence to establish liability, and help you fight for the maximum settlement.
How is Motorcycle Accident Liability Determined?
One of the first steps in a motorcycle accident claim is determining who is responsible for the accident. There are three main ways liability is investigated:
- Law enforcement officers. Law enforcement officers would typically be called to the scene to investigate the crash and may document what happened in a police report. Police officers may interview any drivers involved in the crash and witnesses, photograph the scene, examine vehicle damage, and look for evidence of traffic violations. They may also determine whether factors such as speeding, distracted driving, impairment, or driver fatigue contributed to the crash.
- Insurance companies. Both the at-fault driver and injured person’s insurance companies conduct their own investigations to determine who they believe was at fault and whether they will accept or deny a claim. Insurance companies typically review the police report, statements from the people involved, photographs, medical records, and other available evidence.
- Motorcycle accident lawyer. If someone injured in the collision pursues a motorcycle accident claim, their attorney may conduct an independent investigation and gather evidence to establish liability. An attorney investigating a motorcycle accident may gather additional evidence, such as photographs of the accident scene, witness statements, traffic camera or surveillance footage, police reports, vehicle damage records, and accident reconstruction evidence. This investigation can be particularly important when an insurance company disputes liability or attempts to place some of the blame on the injured person.
The evidence collected during these investigations can help show what caused the accident and who may be legally responsible.
Who May Be Liable for My Motorcycle Accident?
Depending on the circumstances, potentially responsible parties may include:
- The other driver. If a negligent action such as running a red light, speeding, or driving while fatigued or impaired caused the collision, then the driver may be liable.
- A maintenance company. If improper maintenance or repairs contributed to the accident, the maintenance company that performed the work may be liable.
- A vehicle or parts manufacturer. If a defective vehicle or component contributed to the accident, the vehicle or parts manufacturer may be liable.
- A governmental entity. If a governmental entity failed to install proper road signage or maintain the roadway adequately and those factors contributed to the accident, it may share liability. A motorcycle accident attorney can provide necessary support for claims against government entities, which often involve special rules and procedures.
Ultimately, an insurance company may determine whether it believes the person they insure is responsible for a claim, but that is not the same as making a final legal determination of liability. A motorcycle accident lawyer negotiates with the insurance company on behalf of their client (the injured person). If the parties cannot agree on who is responsible, the claim may be resolved through a settlement or, depending on the circumstances, arbitration or a lawsuit. In a lawsuit, a judge or jury determines liability based on the evidence and applicable law.
What Happens When You Are Partially at Fault in a Motorcycle Accident?
Washington applies “pure comparative negligence” to personal injury claims, which means that even if you are partly at fault for the collision, you may still recover compensation (all the way up to 99 percent at fault). However, your award will be reduced by your percentage of fault.
For example, if you suffered $100,000 in damage and you are assigned 20% responsibility for the accident, your compensation would be reduced by $20,000.
Seek the Help of a Motorcycle Accident Lawyer
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced motorcycle accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
