Wednesday, October 27 , 2021

Who Is at Fault for My Motorcycle Accident?

Many regions of the world perceive motorcycle riders as careless motorists. As a result, when accidents between a car and a motorcycle occur, they are wrongfully blamed. However, recent studies in the United Kingdom show that motorcycle riders account for close to 15 percent of serious motor injuries and fatalities, despite making up only one percent of motorists. You could adhere to traffic rules as a rider and still one day collide head-on with a car. 

Determining the at-fault-party in highway accidents is an intricate procedure that requires an experienced attorney. In some situations, the evidence may even acquit both parties involved. In such instances, the investigation into a possible at-fault third party commences. These investigations are elusive if the victims do not recall the events leading to the accident. In addition to that, potential witnesses may shy away from giving their testimony in court.

Most motorcycle accidents alter the lives of the riders involved; their injuries are more severe because they are smaller and more vulnerable than other vehicles on the road. The high costs of recovery and the pain from gruesome injuries drain their resources. Riders will have to file a personal injury claim to get compensation for their medical bills and needs before they get on their feet. Unfortunately, before presenting a case in court, there has to be a complainant and a defendant. So how does an injured motorcycle rider determine the entity responsible for his or her injuries?

1. What Was the Condition of the Road?

The government and its institutions are responsible for making and maintaining roads. Such negligence by the government can result in potholes and standing water on the road. On such damaged roads, the probability of motor accidents is very high. Consequently, any motorcycle rider who has an accident on that road should hold the government liable. For instance, if you are on your motorcycle on a deserted road and you hit a pothole, the government should compensate you for any damages to your vehicle as well as any injuries you incur.

2. Who Neglected Road Safety?

When undergoing driver training, all motorists learn the duty of actively avoiding road accidents. In some instances, motorists may do everything possible to avoid colliding into cars and trucks. The situational evidence in such scenarios will hold the other motorist responsible. This is because some car and truck drivers may not make any effort to avoid the accidents. However, if both parties are at fault, some states withhold any form of compensation. 

The bigger vehicles’ drivers may also drive carelessly because they are texting or drunk. Drunk driving is a criminal offense, and the drivers will answer that in a court of law. Moreover, they will compensate the motorcycle rider for damages and all injuries to his or her person. 

3. What Was the Condition of Your Motorcycle?

The cause of an accident may be faulty brakes and loose motorcycle parts. Since motorcycles are faster than other vehicles in traffic, it would be tragic to have defective brakes. The dysfunctional parts could be because of the negligence of the manufacturer or a repair shop (if the motorcycle had undergone a recent repair). Riders should take a bike for a test drive when they buy or repair it.

A new motorcycle that gets into an accident the first time on the road usually results in a lawsuit against the manufacturer for faulty parts or assembly. The users can even present the defective parts before the court if they reassemble the motorcycle after the accident. On the other hand, repair shops can neglect some motorcycle parts, leading to an accident. For instance, a loose bolt can send a motorcycle rider into the air when it detaches. In both cases, the manufacturer and the repair shop are responsible, and they will incur personal injury and motorcycle damage costs.

In summary, all motorists on the road must be responsible and avoid accidents as much as possible. However, no matter how responsible one motorist is, there are factors out of his or her control, and he or she may have an accident. In times like this, it is helpful to contact a lawyer. In Idaho, a Boise personal injury attorney will deal with complex and confusing procedures, such as determining the at-fault-party.

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