Who Is at Fault in Most Motorcycle Accidents?

A liable driver is at fault in most motorcycle accidents involving two or more vehicles. However, when seeking compensation, proving fault can sometimes be challenging. To recover compensation from the liable party, you must build a case demonstrating that their negligence led to the crash. California motorcycle accident lawyers and Idaho motorcycle accident lawyers can help you determine fault and fight for damages on your behalf after a motorcycle crash with a negligent driver.

How to Prove Fault in a Motorcycle Accident

Proving fault for a motorcycle accident means showing that another party’s negligent actions caused the crash. To establish negligence, our lawyers must demonstrate that:

1. The at-fault party owed you a duty of care. This duty is the legal obligation we all have to act reasonably and avoid hurting others. When on the road, all motorists owe other drivers a duty of care.
2. The at-fault party committed a breach of duty. A party breaches the duty of care when they break the law, fail to act when needed, or behave in a way most others would not consider reasonable or necessary.
3. The breach caused your motorcycle accident. Causation links the at-fault party’s actions to your crash and resulting injuries. For example, you may build a case proving that the liable driver failed to yield the right-of-way and made an improper left turn into your lane, causing you to run into their vehicle and sustain injuries.
4. The accident caused you damages, including financial losses and losses related to pain and suffering.

You Will Need Evidence to Support Your Motorcycle Accident Claim

Constructing a solid claim requires evidence. Evidence in a motorcycle accident case may include:

• Eyewitness accounts
• Dashcam, traffic camera, cell phone, or surveillance footage of the collision
• Physical evidence from the crash scene, including debris, videos, and photographs
• Medical records
• Police reports
• Testimony from experts, including doctors and crash reconstructionists
• Bills, receipts, invoices, and estimates establishing your current losses and expected future expenses

What Is the Cause of Most Motorcycle Accidents?

According to the National Highway Traffic Safety Administration (NHTSA), the majority of multi-vehicle motorcycle collisions occur simply because drivers do not see motorcyclists. When drivers do not see bikers, they can make mistakes, such as turning into the rider’s path.

Driving errors that can cause a motorcycle crash include:

• Drunk driving
• Distracted driving
• Aggressive or reckless driving
• Speeding
• Tailgating
• Illegal passing
• Attempting to ride side-by-side “lane share” with a motorcycle
• Failing to yield the right of way
• Failing to stop at a red light or stop sign

Motorcycle Accident Damages You Can Recover From an At-Fault Party

Drivers in California and Idaho must carry insurance to pay for accidents they cause. Under these states’ at-fault insurance systems, you can seek damages with an auto liability claim or personal injury lawsuit.

Compensation you can recover from an at-fault party may include:

• Medical expenses
• Lost wages, earnings, and benefits from missed work
• Lost future earnings and lost earning capacity
• Motorcycle repair or replacement costs
• Household services
• Physical and chronic pain
• Permanent and disabling injuries
• Scarring
• Disfigurement
• Stress, depression, and anxiety
• Loss of enjoyment
• Reduced quality of life

State Insurance Laws and Coverage

The amount of insurance coverage motorists must carry varies based on the laws where you live.

• According to the California Department of Motor Vehicles (DMV), drivers must have a minimum of $30,000 in bodily injury liability for injuries or death to one person, $60,000 in bodily injury coverage per accident, and $15,000 in property damage liability.
• The Idaho Department of Insurance states that drivers must have at least $25,000/$50,000 in bodily injury liability per person/accident and $15,000 to cover property damages.

Should You Hire a Motorcycle Accident Lawyer?

You do not have to hire an attorney, but proving fault can be challenging, and it can help to have an experienced legal representative on your side. A motorcycle accident attorney with our law firm can:

• Investigate your accident and collect evidence
• Identify liable parties and prove they acted negligently
• Identify your damages (ensuring you do not leave money on the table)
• Review applicable insurance policies and advise you on your options for seeking compensation
• Prepare and file insurance claims
• Aggressively negotiate for the maximum settlement possible
• File a lawsuit and represent you at trial if necessary

Motorcycle Accident Injuries Can Be Catastrophic

If you have a severe or catastrophic motorcycle accident injury or your loved one died in a crash, having a lawyer can be especially beneficial. For serious injury claims, settlements can be high, and insurance companies may fight payments. It is vital that you secure compensation for all of your future medical needs and life care expenses, or you may get left paying out of pocket.

Working with an attorney can also relieve your legal burden so you can focus on your health or grieving your lost loved one. We can handle claims involving:

• Traumatic brain injuries
• Spinal cord injuries
• Loss of a limb
• Multiple bone fractures
• Back, neck, and shoulder injuries
• Severe cuts and contusions
• Internal injuries
• Wrongful death

How Long Do You Have to Pursue a Motorcycle Accident Case?

You should file insurance claims against at-fault parties immediately. Doing so will help you meet policy deadlines. Acting quickly on your claim will also give you the best chance at proving fault because you can speedily collect evidence and speak with witnesses before their memories fade.

If you must sue for damages, you must adhere to your state’s statute of limitations, or the courts will likely bar your case. You have two years to file a personal injury or wrongful death lawsuit in California, according to CCP § 335.1. In Idaho, Idaho Statutes § 5-219 also allows a two-year window for filing suit.

Contact Sargent Law Firm Injury Lawyers to Discuss Your Legal Options

At Sargent Law Firm Injury Lawyers, we make working with our personal injury lawyers easy. Contact us today to find out how our motorcycle accident lawyers can help you prove fault and recover the maximum compensation possible in California or Idaho.

Working with us costs nothing upfront or out of pocket. You only pay when we win your case. Contact us online or call 24/7 for a free consultation.