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Key Takeaways
- Parties that may be liable in a motorcycle crash can include negligent drivers, commercial vehicle employers, government entities, and parts manufacturers.
- You must establish that negligence caused the accident to prove liability in your case.
- If you can prove liability, you may be entitled to compensation for your economic and non-economic damages.
- An experienced attorney can help you prove liability and recover damages after a motorcycle crash.
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.
- Who Is Liable in a Motorcycle Accident?
- Understanding Motorcycle Accident Liability
- Common Parties Who May Be Liable in a Motorcycle Accident
- How Comparative Negligence Impacts Liability in a Motorcycle Accident
- How To Prove Liability in a Motorcycle Accident
- What Damages Can Be Recovered After Proving Liability
- How Will NST Law Handle Your Motorcycle Accident Case?
- Get Help Determining Liability After a Motorcycle Accident
Understanding Motorcycle Accident Liability
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:
- Duty of care: Motor vehicle drivers and other motorcyclists have a legal duty to drive safely and follow the rules of the road.
- Breach of duty: Driving recklessly or while distracted and failing to adhere to traffic laws are examples of a breach of duty.
- Causation: You must prove that the breach of duty directly caused the motorcycle crash.
- Damages: Lastly, you need to show that you suffered injuries and losses, such as medical bills, as a result of the accident.
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.
Common Parties Who May Be Liable in a Motorcycle 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
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:
- Distracted driving: Texting, talking on the phone, scrolling through social media, adjusting the navigation system, eating
- Impaired driving: Driving under the influence (DUI) of alcohol or drugs
- Careless driving: Ignoring signage, speeding, or failing to follow traffic rules
- Aggressive driving or road rage: Driving recklessly out of frustration or targeting another driver out of anger
- Failing to yield to motorcyclists: Cutting a motorcyclist off or failing to notice them when changing lanes or completing other maneuvers
Motorcycle or Parts Manufacturers
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:
- Faulty brakes
- Poorly manufactured tires
- Badly designed steering components
- Ineffective engine parts
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.
Government Entities
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:
- Poorly maintained roads
- Inadequate signage
- Dangerously designed roadways
- Failure to repair reported road damage
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.
Employers or Commercial Vehicle Owners
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.
The Motorcyclists Themselves
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.
How Comparative Negligence Impacts Liability in a Motorcycle Accident
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.
How To Prove Liability in a Motorcycle Accident
Proving liability for a motorcycle crash requires strong evidence to support your claim, such as:
- Photos and video from the crash scene
- Security or surveillance footage
- Dashcam footage
- Witness statements
- Expert witness testimony
- Electronic data from a commercial vehicle’s event data recorder
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.
What Damages Can Be Recovered After Proving Liability
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:
- Pain and suffering
- Emotional distress
- Disfigurement and physical impairment
- Medical bills
- Future medical care expenses
- Lost wages
- Loss of earnings capacity
- Property damage
Proving fault is vital to the outcome of your case and your ability to recover compensation.
How Will NST Law Handle Your Motorcycle Accident Case?
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:
- Completing a thorough investigation to determine the cause of the crash
- Gathering vital evidence and identifying the liable party
- Working with expert witnesses to strengthen your case
- Negotiating with the insurance company for a favorable settlement
- Taking your case to trial when necessary
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.
Get Help Determining Liability After a Motorcycle Accident
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.
