Any damage claim requires determining who is to blame for an accident. The same goes for a motorcycle accident. Though a motorcycle accident lawyer can help you define the fault party, there are more things you need to prove a party is at-fault.
Let’s know how to find out who is at fault in motorcycle accidents.
Contents
The Necessity of Proving Fault in a Motorcycle Accident
Following a car accident, you have two options for compensation:
- First-party compensation claim: This is a no-fault compensation benefit you get from ICBC as a part-7 claim.
- Third-party compensation claim: You can make this compensation claim when another party is at-fault for the motorcycle accident.
The first party ICBC claim requires no proof of fault. No matter who caused the accident, benefits are available.
You will need to pursue a tort claim against the party who caused the accident if you want appropriate reimbursement for physical and vehicular damages outside the ICBC settlement. You and your attorney will have to establish fault in this case.
Who is at fault in most motorcycle accidents?
Motorcycle collisions are frequently blamed on car drivers in the majority, but the acts of both drivers are taken into account in the final verdict. When dangerous highways are to blame for an accident, the government organization in charge of road maintenance may be held liable too.
The court determines a fault in its ultimate conclusion based on facts and evidence made by counsel using information gathered throughout an investigation. Motorcycles represent a lower risk to passenger vehicles on the road, and the court considers this when making its judgment.
If evidence shows that a motorcycle rider was partially to blame for the accident, the court will subtract damages from the negotiated settlement depending on its determination of probable liability.
5 Ways to Find out Fault at Most Motorcycle Accidents
Motorcycle accidents can happen for various causes, just like any other car accident. However, the following are among the most typical reasons for motorcycle-car collisions.
Direct collision
Other drivers are involved in the majority of motorbike accidents. The majority of the time, a head-on collision occurs. From the front, the other driver collides with the motorcycle.
Motorcycle riders are far less likely to be involved in rear-end crashes. Motorcyclists are frequently killed in head-on collisions. Bikes do not have the same level of crash protection as vehicles or trucks.
Accidents on the left-hand turn
When another car makes a left turn, motorcycle accidents are prevalent. These collisions frequently occur when:
- Overtaking a car driver turning left
- A driver turning left and not noticing the motorcycle
Motorcycles are more difficult to spot than other vehicles since they are smaller. If a driver is not paying careful attention, they may miss a motorcycle rider. Before triggering a crash, some drivers may entirely disregard riders.
In most left-hand turn accidents, the motorist is to blame. On the other hand, the driver could claim that the rider was lane splitting, speeding, or otherwise careless. This may limit the amount of compensation the cyclist can seek.
Accidents at split lanes
When a biker rides across two traffic lanes, this is known as lane splitting. A biker may split the lane when traffic is delayed or backed up.
Lane-splitting laws differ from state to state. If a biker was lane-splitting before the accident, they could be held responsible.
Inexperienced drivers or riders
Anyone who earns a driver’s license should be capable of driving safely. This applies to both vehicle and motorcycle drivers. If one is unskilled or careless, an accident might occur quickly.
Inexperienced drivers may not recognize smaller vehicles such as motorcycles. As a result, a rider trying to overtake or turn close to the car may collide with the driver.
Bad road and weather conditions
An accident is more likely when the climate or traffic conditions are bad. Hazardous weather or road conditions might play a role in an accident in several scenarios. In such cases, no party might be at fault and the court will decide who to find compensation.
Conclusion
In most cases, the car driver is responsible for the collision. To identify who is liable in your case, you should see a personal injury or wrongful death lawyer as soon as possible. Lawyers have skilled investigators who will thoroughly investigate all available evidence and do everything possible to identify the individuals responsible for your accident.
Also, a lawyer can prove the fault thoroughly without going through the trouble of court. Thus, you can focus on recovering from the accident.
