Liability in motorcycle accidents is rarely straightforward. A variety of statutes and laws determine both when someone is liable for a crash and what sorts of damages the at-fault party might have to provide compensation for.
Because motorcycles have an inherently higher risk for injuries in accidents, most judges and courts will attempt to review all of the presented evidence before coming to a decision. This is true for both accidents where the motorcycle driver is the victim and accidents where the motorcycle driver causes harm.
In a motorcycle accident, liability is based on negligence. The term “negligence” simply refers to the fact that someone did something to cause or exacerbate the accident. For example, if a motorcycle driver is drunk and hits another vehicle, he or she could be held liable for any injuries caused.
Similarly, if another driver fails to yield to a motorcycle at an intersection when the motorcycle has the right-of-way, that driver could be held liable for any losses that occur. Liability often takes into consideration dangerous or distracted driving behaviors, such as speeding, running a red light, or texting while driving.
It’s important to note that liability isn’t always obvious and that sometimes multiple parties might be partially at fault. If both the driver of the other vehicle and the motorcycle driver did something that led to the accident (if both parties were drunk, for example), the courts will weigh this against any requests for compensation. Fault will be assigned to both parties in percentages, and compensation will be reduced according to that same percentage.
It can be difficult determining just who is responsible for a motorcycle accident. While many drivers hold on to stereotypes of reckless motorcycle drivers, the truth is that there could be other people who should be held liable.
If you have been injured in a motorcycle accident, it takes an experienced legal team to investigate the details and hold the right person or entity responsible. The personal injury attorneys at Denena Points, PC can help. Call us at 713-807-9500 or visit us at our website to arrange a free consultation to discuss your case.