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Who is liable in a motorcycle accident depends on what caused the crash. Possible parties that can be held responsible for a motorcycle crash include negligent drivers, motorcycle parts manufacturers, government agencies, mechanics, commercial driver employers, and even the motorcyclists themselves.
Proving fault in motorcycle accidents is often a complex process that involves investigations, gathering evidence, and standing up to insurance companies that try to shift the blame to you. At NST Law, our team has over 35 years of experience helping injured motorcyclists seek fair compensation. Contact us today for a free consultation with a motorcycle accident lawyer.
Liability refers to the legal responsibility for the motorcycle accident and the resulting injuries and damages. Proving liability in a motorcycle crash typically involves establishing all elements of negligence in your case, including:
Analyzing traffic rules, road conditions, and driver behavior at the time and location of the crash will help to determine fault. There may only be one liable party or multiple parties who share fault for the accident.
Depending on the circumstances that led to the motorcycle crash, one or more of the following parties could be legally responsible for the accident.
Negligent drivers who fail to practice reasonable care while operating their vehicles are often the cause of motorcycle crashes. Unfortunately, negligent driver motorcycle accidents are common due to:
Defective parts or equipment may cause an accident when flaws in design or manufacturing lead to safety hazards. Examples of defective parts that could contribute to a crash include:
These cases may fall under product liability law, which can present challenges for injury victims. A skilled product liability lawyer can protect your rights and help you take on powerful auto parts companies that try to intimidate you into accepting less than you deserve.
A government agency or local municipality may share liability for motorcycle accidents when they are responsible for maintaining safe roads but fail to do so. Scenarios that could mean a government entity is liable for the motorcycle crash include:
Bringing a legal claim against a public agency can be challenging due to additional requirements and shorter deadlines. Speak with a motorcycle accident lawyer to see how to move forward with your case.
If you were involved in a motorcycle accident with a semi-truck, delivery truck, work vehicle, or other commercial vehicle, the driver’s employer or the vehicle owner may be liable. Even if the driver was negligent, the employer may still be held liable under the legal doctrine of vicarious liability.
Motorcyclists injured by a rideshare driver may be eligible to file a claim through the rideshare company’s insurance policy. However, this will depend on whether the rideshare driver was on an active ride at the time of the crash and applicable state laws.
In some cases, the motorcyclist may be at fault for their own accident and injuries. This may happen if they were driving recklessly or failing to follow safe driving practices. If there is shared fault for the motorcycle crash, the injured motorcyclist may still claim compensation, depending on the state’s negligence laws.
If you are partially responsible for the motorcycle crash, state laws may still allow you to recover damages. However, the amount awarded is proportionately reduced by the percentage of fault you share.
States that apply modified comparative negligence to injury claims, such as Arkansas and Tennessee, protect a victim’s right to compensation, as long as they are less than 50% at fault for the crash. States like Missouri and Mississippi apply a pure comparative negligence system, allowing victims to file a claim even if they share as much as 99% of the fault.
A small number of states have a contributory negligence system that bars victims from recovering damages if they share even 1% of fault for the accident.
Proving liability for a motorcycle crash requires strong evidence to support your claim, such as:
An accident reconstructionist or other expert witnesses can use your crash data to prove negligence caused the accident. Acting quickly is crucial to gathering and preserving the necessary evidence to build your case. When you work with NST Law, our team handles these steps to protect evidence and put you in the best position to recover compensation.
After establishing negligence and proving liability, you may be entitled to compensation for economic and non-economic damages. Economic damages refer to your financial losses, while non-economic damages are the subjective, intangible losses caused by the accident.
Damages you can claim after being injured in a motorcycle crash include:
Proving fault is vital to the outcome of your case and your ability to recover compensation.
Our skilled motorcycle accident attorneys have decades of experience helping victims and their families pursue justice for what happened. We know how to approach these cases and create personalized legal strategies to maximize your compensation.
NST Law offers comprehensive legal services for motorcycle crash claims, including:
Our team works on a contingency fee basis, so there are no upfront costs or out-of-pocket fees to hire our attorneys. We only get paid if we win your case.
Proving motorcycle accident liability can be challenging when you don’t have a trusted legal professional by your side. You’re dealing with painful injuries, lost time at work, pushy insurance adjusters, and piling bills while trying to get back on your feet.
Our lawyers understand these struggles and are ready to help you get through the difficult time that follows a motorcycle crash. We are passionate about our clients and the communities we serve. If you or a loved one has been injured in a motorcycle accident, call 800-529-4004 or contact NST Law online today for a free consultation.