Who Can I Sue After a Motorcycle Accident?

Depending on the nature of your accident and where the fault lies, there are multiple possible parties who you may sue. Some possible parties include motor vehicle drivers, commercial companies, other motorcyclists, pedestrians, government entities, mechanics, and the manufacturers of your motorcycle.

In this article, we’ll explain how negligence in motorcycle accident cases work, how to determine the correct party to sue, and the laws surrounding personal injury lawsuits. If you or a loved one has been injured in a motorcycle accident, a motorcycle accident attorney can help you seek compensation.

Who Was Responsible for Your Motorcycle Accident?

To sue, you need to determine who the liable parties are. Typically, this is determined through an investigation by your lawyer. They will gather evidence, such as witness statements and police reports, to prove that someone was negligent and that their negligence directly led to the losses you suffered.

Proving negligence involves a party demonstrating four key elements:

• The party owed a duty of care to you
• They breached their duty of care
• The breach leading directly to your accident
• You have provable losses due to the accident

Below we’ll get into some specific examples of different groups who may be the right person or entity to sue.

Negligent Drivers Who Caused Your Motorcycle Accident

Drivers have a duty to share the road with others safely. When drivers don’t act responsibly, it can lead to devastating accidents. Some examples of when a driver may be negligent include:

• Speeding
• Not following traffic laws
• Drinking and driving
• Distracted driving

If the negligent driver worked for a commercial company when the accident occurred, the company may also hold vicarious liability for their negligent actions. Our motorbike accident attorneys will hold all negligent parties accountable.

Pedestrians Who Caused Your Motorcycle Crash

At crosswalks and when following traffic signals, pedestrians have the right of way. However, pedestrians do not have the right of way when jaywalking or crossing the street in areas that are not crosswalks. If a pedestrian suddenly moves into the street, they may be liable for your accident.

To prove that a pedestrian acted negligently, one of our motorcycle accident lawyers can obtain surveillance footage from nearby businesses or traffic cameras if it is available.

Government Entities Who Were Negligent

Poorly maintained roads, including potholes, can cause motorcycle accidents. The government entity responsible for road safety and maintenance may be liable for these accidents.

It’s important to note that you can sue government entities, but there is a different process than that of other liable parties. You cannot proceed directly to a lawsuit. Instead, you must first file a notice of claim for damages with the government agency having jurisdiction over the road.

Additionally, you have a very short window in which to file your notice of claim:

• California: You typically have six months to file the notice of claim.
• Idaho: You also have six months to file your notice.

Your lawyer can ensure that everything is done in the correct order and within the legal deadlines for your case.

Motorcycle or Car Manufacturers Whose Faulty Product Led to Your Accident

When faulty or defective parts lead to an accident, such as brakes failing, then the vehicle company or parts manufacturer may be held liable. These cases are rare, but faulty parts do lead to about 2% of car-involved accidents.

What Type of Compensation Can You Seek When Suing After a Motorcycle Accident?

You may be able to recover compensation for both the economic and non-economic losses that you’ve experienced due to the accident. Some losses that may be recoverable include:

• Medical expenses
• Lost wages
• Diminished earning capacity
• Future medical needs, such as long-term care or surgeries
• Loss of enjoyment of life
• Lowered quality of life
• Scarring and disfiguration
• Pain and suffering
• Emotional distress

One of our motorcycle accident lawyers will look at the full scope of your losses so they can argue for the maximum compensation that you are entitled to receive.

What Laws Impact Your Ability to Sue After a Motorcycle Accident?

There are two key laws that may affect your ability to recover compensation in a personal injury or wrongful death lawsuit. These laws are:

Comparative Negligence Laws

In California, injury victims can pursue compensation if they are less than 100% at fault for their injuries. However, their fault level will reduce the compensation they can receive. For example, if you have had $100,000 in losses and are 80% at fault, you can only recover $20,000.

In Idaho, the state follows a modified comparative negligence. The principles are the same. However, the plaintiff may only recover compensation if they are less than 50% at fault for the accident.

While on the surface, these laws are good for victims, as they can recover compensation even when they are partially at fault, it does allow insurance companies to use this system to their advantage. Insurers may argue that you hold more blame than you do to lower a settlement offer. Our motorcycle accident lawyers meticulously investigate your accident and gather evidence to create a compelling case that combats this insurer tactic.

Statute of Limitations in Personal Injury Lawsuits

Under CCP § 335.1, you generally have two years to file a wrongful death or personal injury lawsuit. Idaho Statutes § 5-219 also provides a two-year deadline. Exceptions may apply to your case, so it’s vital to discuss the timeline for your case with your attorney.

How a Motorcycle Accident Attorney Can Help With Your Case

Successfully recovering compensation through a lawsuit requires building a strong case. Your lawyer will navigate the complicated legal process and advocate for you to receive a fair settlement.

They will handle:

• Investigating your case to determine the liable party or parties for a lawsuit
• Gather evidence to support your case
• Consult with experts, such as accident reconstructionists, doctors, and highway safety specialists
• Handle all communications with the other parties involved
• Advocate for your legal rights
• Fight for fair compensation

Sargent Law Firm Injury Lawyers Can Discover Who Is Liable in Your Motorcycle Accident

If you or a loved one has been injured in a motorcycle accident and it was due to someone else’s negligence, a lawsuit can help you recover compensation for medical expenses and other losses. Contact the legal team at Sargent Law Firm Injury Lawyers for a free review of your case.