Motorcycle accidents can be catastrophic and may result in life-changing injuries, including traumatic head injuries, spinal injuries, fractures, amputation, etc. Luckily you can recover damages if you were injured in a motorcycle accident that was not your fault. However, determining who was at fault is critical to claim for damages.
In most cases, car drivers cause accidents involving motorcycles because they are dismissive of motorcyclists while on the road. That leads to problems on the road, especially when drivers think that motorcycles shouldn’t be using the roads.
Consequently, consulting a motorcycle attorney from the Christensen law firm after an accident is vital to protect your rights. They can conduct investigations to determine who is to blame for the accident and hold them accountable for the damages.
Determining fault
In a motorcycle accident, the police examine the actions of all the motorists involved when determining fault. Here are more details:
How did the accident happen?
The police look at the cause of the motorcycle accident to determine fault. Often, improper lane changes result in motorcycle accidents, mainly because motorcycles are usually in the blind spot of the motorists. However, drivers are responsible for checking their blind spots before making a lane change or merging.
Common causes of motorcycle accidents include:
- Junction collisions.
- Failure of motorists to yield to motorcycles.
- Distracted drivers.
- Left turn collisions.
- Door-opening into a lane.
- Reckless lane changing.
- Driving under the influence.
50% of all motorcycle accidents occur due to left turn collisions. If you are a rider, you should carefully be aware of what is happening around you in traffic since motorcycles are often in the blind spots of motorists.
There are a few occasions when motorcyclists assume fault for an accident. In most cases, the driver is responsible for being on the lookout for motorcyclists when driving. Some drivers are aggressive against motorcyclists because they want to have the roads to themselves, which can quickly lead to an accident.
The car driver vs. the motorcyclist
Drivers are less likely to die or sustain severe injuries in an accident involving a motorcyclist because the car’s frame shields them. But in most cases, drivers cause motorcycle crashes because of inattentiveness and recklessness, and some don’t keep an eye on their blind spots, consequently crashing into motorcycles.
In contrast, motorcyclists are 20tines more likely to be killed in an accident involving motorists. Unlike cars, motorcycles don’t have safety features like safety belts, airbags, or frames to shield the rider during an impact. The larger the vehicle involved, the more catastrophic the accident and the higher the chances of death of the motorcyclist.
Like drivers, motorcyclists should also adhere to traffic rules when riding. If a motorcyclist is reckless, they may be held liable for an accident. If a test is performed and a motorcyclist is found positive for alcohol or other drugs, they may be held responsible for an accident.
The bottom line
In court, fault in motorcycle accidents is determined based on the arguments presented based on the investigations. The court considers that motorcycles pose less threat to passenger vehicles, but a motorcyclist may be held accountable if they are partially or fully to blame for the accident.
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