In motorcycle accidents, like other types of crashes, fault determination varies depending on the circumstances. You must have an advocate working for you after getting into an accident to ensure that you get what you deserve after a crash.
Call a motorcycle accident lawyer now to start down the road to financial recovery after a collision and injuries. Rely on their experience and knowledge to get you full and fair compensation after an accident.
Motorcycle Accident Statistics
Motorcycle accidents happen for a variety of reasons, and they happen across the nation every year. Despite the small number of motorcycles registered nationwide, motorcycle accidents represent a large number of total crashes each year.
According to the National Highway Traffic Safety Administration, in a recent year, more than 6,000 motorcyclists were killed in traffic accidents.
Studies and crash data reveal some common trends regarding the cause of motorcycle accidents, including:
Motorcyclists
Motorcyclist error, such as speeding, improper handling, or riding under the influence, is also a factor in many crashes. Single-vehicle accidents involving motorcycles are often due to losing control, over-braking, or hitting road hazards like debris or potholes.
Other Drivers
The most common cause of motorcycle accidents is other drivers failing to see or yield to motorcycles. Left-turn collisions at intersections are particularly frequent, where a car turns left in front of an oncoming motorcycle. Distracted driving, speeding, and improper lane changes by other drivers often contribute to accidents.
Equipment Failure
Mechanical issues, such as tire blowouts or brake failures, occasionally cause accidents, sometimes pointing to manufacturer defects or inadequate maintenance.
Environmental Factors
Poor road conditions, inclement weather, or poorly designed intersections can lead to crashes, though the fault may not lie with any individual driver.
What Evidence Do I Need To Prove Fault in a Motorcycle Accident?
To prove who is at fault in a motorcycle accident, you need to establish that the other party acted negligently or violated traffic laws, leading to the crash. It typically requires presenting strong evidence and aligning it with legal standards of fault. Here is how fault is typically determined.
Establish Negligence
To hold another party accountable, you must prove these four elements:
Duty of Care
Show that the other party had a legal obligation to drive safely and follow traffic laws.
Breach of Duty
Prove that the other party violated this duty through negligent or reckless actions.
Causation
Demonstrate that the breach of duty directly caused the accident.
Damages
Prove evidence of injuries, property damage, or other losses resulting from the crash.
Gather Evidence
Gathering compelling evidence is critical to proving fault. Examples of necessary evidence in a motorcycle accident case can include pictures, videos, traffic laws and regulations, and medical evidence.
A motorcycle accident attorney is better suited to collect the evidence you need to build your case. For example, footage from a traffic camera might strengthen your claim, but getting this footage might be difficult for you to do as an individual. A lawyer has resources to obtain evidence from businesses, law enforcement, and other parties that might pose a challenge for you.
Document Damages
You will want to document all your damages, including medical expenses, property damage, proof of lost income, etc. This evidence will help strengthen your case. Share this information with your attorney to ensure that you get everything you deserve after a motorcycle accident.
Challenges To Proving Fault In a Motorcycle Accident
Proving fault in a motorcycle accident can be challenging due to several factors. The process often requires meticulous evidence-gathering and analysis. Primary challenges include the following.
Lack of Immediate Police Investigation
Evidence may be lost or destroyed if a motorcycle accident is not immediately investigated. In some cases, police reports may favor the larger vehicle due to unconscious bias or incomplete witness accounts.
Injuries Impact Evidence Collection
Motorcyclists often sustain severe injuries, which can prevent them from gathering evidence at the scene. Trauma may affect the motorcyclist’s ability to recall details accurately.
Lack of Evidence
Motorcycles are less likely to have dashcams, and accidents may occur in areas with few witnesses or surveillance cameras. The motorcycle or vehicle damage may not clearly indicate who caused the accident.
Complex Accident Dynamics
A motorcyclist’s ability to accelerate and maneuver quickly can lead to disputes about whether the motorcyclist was speeding or riding erratically. When assigning faults, environmental conditions, third-party actions, or vehicle malfunctions can muddy the waters.
Visibility Issues
Drivers often claim they “didn’t see” the motorcycle, which can complicate fault determination. The smaller profile of motorcycles makes it easier for drivers to argue that the motorcyclist was in a blind spot or hard to detect.
Wrongful Blame
Sometimes, other parties will claim the motorcyclist contributed to their own accident. This might be based on things the motorcyclist said at the scene or a driver simply creating a false narrative to avoid liability. A motorcycle accident attorney can counter this type of defense if it is presented.
Bias Against Motorcyclists
Motorcyclists are sometimes unfairly perceived as reckless or risky drivers, which can influence witness testimony, police reports, or jury opinions. The bias may shift the blame onto the motorcyclists, even when the other party is at fault.
How Can An Attorney Overcome Challenges in Motorcycle Accident Cases?
A motorcycle accident attorney can help overcome some of these cases’ unique challenges. Here are some ways attorneys can strategize how to overcome motorcycle accident challenges.
These steps can help mitigate challenges and establish a clear case for fault in a motorcycle accident.
Hire Legal Representation
Hiring legal representation is the best way for you to get what you deserve after an accident. An experienced attorney can counteract bias and build a strong case based on facts and expert testimony after a motorcycle crash.
Utilize Technology
An attorney can help you hire and utilize the services of expert witnesses. Surveillance footage, GPS data, and onboard diagnostics can provide objective evidence.
Consult Experts
Accident reconstruction specialists can help analyze how the accident happened. An attorney can help access an accident reconstructionist and help build your case.
Gather Evidence Early
Photos of the scene, vehicles, road conditions, and injuries can help prove fault. An attorney can help gather witness statements and their contact information. You should gather this type of evidence to help prove the fault in your motorcycle accident case.
What Damages Are Available After a Motorcycle Accident?
After a motorcycle accident, victims may be entitled to several types of damages depending on the severity of their injuries, the impact on their lives, and the fault of the other party. Damages are typically categorized as economic, non-economic, and, in some cases, punitive. Here is an overview:
Economic Damages
Economic losses include the tangible and quantifiable losses directly related to the accident. Here are some examples of economic damages:
Medical Expenses
A plaintiff in a motorcycle accident may recover for their current and future medical expenses. They can recover for current and future medical bills, including emergency care, hospitalization, surgeries, medication, rehabilitation, and therapy. Victims may also recover the costs of medical devices or home modifications for disability.
Lost Income
After a motorcycle accident, compensation for income lost due to time off work while recovering and lost earning capacity or potential can be available.
Property Damage
Costs to repair or replace the motorcycle and other personal property damaged in the accident can be collected from an insurance claim or via a motorcycle accident lawsuit.
Out-of-Pocket Expenses
There might be a large financial burden after getting into a motorcycle accident. For example, the cost of hiring assistance with daily tasks due to temporary or permanent disability or transportation to medical appointments might not be covered by insurance so that it might come directly from your pocket.
Non-Economic Damages
Non-economic losses cover intangibles that are harder to quantify but significantly impact the victim’s quality of life. Examples of non-economic losses can include the following.
Loss of Consortium
Compensation for the negative impact on the relationship with a spouse or family members due to injuries.
Loss of Enjoyment of Life
Inability to participate in hobbies, sports, or other activities enjoyed before the accident.
Emotional Distress
Anxiety, depression, PTSD, or other psychological conditions resulting from the accident.
Pain and Suffering
Compensation for physical pain and emotional distress caused by the accident and injuries.
Punitive Damages
Punitive damages are awarded to punish the victim, not to compensate the victim. Punitive damages are awarded in cases where the at-fault party’s conduct was particularly egregious, reckless, or intentional. These damages are designed to deter similar behavior in the future. They are not available in all cases and depend on state laws and the circumstances of the accident.
No matter the extent of your damages, you need an attorney to help get the full and fair compensation you deserve after a motorcycle accident.
Common Injuries After a Motorcycle Accident
Motorcycle accidents can result in a wide range of injuries due to the lack of protection for riders. If you have experienced a motorcycle accident, seek immediate medical attention even if injuries seem minor, as symptoms like internal bleeding or traumatic brain injuries may not be immediately apparent.
Fatal Injuries
Severe accidents may result in fatal injuries, especially in high-speed collisions or crashes involving larger vehicles. You might be entitled to recover for wrongful death after losing someone in a motorcycle accident.
Psychological Injuries
Emotional and psychological distress following the trauma of the accident is compensable for accident victims. Depression and anxiety are also common as riders cope with physical injuries, loss of mobility, or life changes.
Chest and Abdominal Injuries
Chest injuries are common among motorcycle accident victims. Examples of these types of injuries can include broken ribs, which can puncture the lungs or other organs, and injuries to the chest or abdomen caused by blunt force trauma from the impact with the motorcycle or another vehicle.
Leg and Foot Injuries
A motorcyclist’s legs and feet are often caught under the motorcycle, leading to severe damage, including ligament tears, fractures, or dislocations. Consult an attorney regarding your injuries.
Internal Injuries
Blunt force trauma can cause damage to internal organs, such as the liver, spleen, or kidneys. Internal bleeding can occur without external signs and may be life-threatening.
Soft Tissue Injuries
Soft tissue injuries are usually minor. Examples of soft tissue injuries can include injuries to the ligaments, tendons, and muscles from sudden impact or twisting. Whiplash is considered a soft tissue injury. Whiplash includes injury to the neck caused by rapid back-and-forth movement.
Road Rash
Road rash is a common injury after a motorcycle accident. It happens when skin is scraped away by contact with the road. Road rash can vary from mild to severe; severe cases can lead to infections or permanent scarring.
Broken Bones and Fractures
Since motorcyclists are not covered like other passenger vehicles, broken bones and fractures are common. Common fracture sites include arms, legs, wrists, collarbones, and ribs. Fractures are common due to the rider being thrown or pinned in a collision. Severe breaks where the bone pierces the skin, often requiring surgery.
Spinal Cord and Back Injuries
Motorcycle accidents can cause severe spinal cord and back injuries. A motorcycle accident victim might face paralysis, partial loss of sensation and function, herniated discs, and fractured vertebrae or broken bones in the spine, causing mobility or chronic pain issues.
Head Injuries
Traumatic brain injuries (TBI) happen as a result of motorcycle accidents. Concussions, skull fractures, and brain damage caused by impact or violent motion can leave the victim with permanent damage. Often, even helmets cannot stop a head injury from happening.
Carefully review your injuries with your attorney. It is crucial to have an honest discussion about the extent to which you were harmed after a motorcycle accident to ensure you get full and fair compensation after an accident.
Contact a Motorcycle Accident Attorney Today!
You deserve the assistance of competent legal counsel after a crash. A motorcycle accident lawyer’s experience and knowledge will help you get what you deserve after a crash.
Contact a personal injury lawyer now to get your life back on track after getting injured in a motorcycle accident.