Motorcycle accidents are usually more severe and costly than other accident types. The motorcyclist may be left with an inability to work due to severe injuries. If you were injured in a motorcycle accident, you might wonder who is responsible for your damages.
Various parties can be at fault, and investigating the case allows you to seek recovery of compensation through a personal injury lawsuit. This guide covers the potential parties at fault when a motorcycle accident occurs.
Negligence and Fault
Motorcycle accident cases are based on negligence. The negligent driver is liable for the motorcyclist’s damages. Determining negligence in a motorcycle accident case is based on a legal duty of care that all drivers owe each other when operating a vehicle.
When drivers breach that legal duty of care, they may be considered negligent. If the negligence causes an accident and harms the driver, the responsible driver may be financially liable for incurred damages.
Identifying the Responsible Parties
The responsible or at-fault party can be any person or entity whose negligence caused the motorcycle accident. A few parties who could be at fault when a motorcycle accident occurs include the following:
- Another driver
- The motorcyclist
- A pedestrian
- The motorcycle manufacturer
- Repair shop
- Property owner
What makes bike accidents difficult is that determining the responsible party isn’t always straightforward. More than one party can be liable in an accident.
For example, another driver may cause an accident by swerving into the motorcyclist’s lane, side-swiping them. However, if the motorcyclist experienced a worse injury due to defective parts, the manufacturer may be liable.
Suing the At-Fault Driver
A personal injury claim aims to recover damages from the at-fault driver, so it is important to determine liability. This requires proof of negligence and compensable damages.
The Most Common Defendant
The most common defendant in a motorcycle accident case is the other driver. Personal vehicle drivers must stay aware and vigilant of those around them. A motorcycle’s smaller size can make them harder to notice. Drivers who speed, drive while distracted, or are under the influence of drugs or alcohol are usually considered negligent.
Proving Negligence
A motorcycle accident case requires proof of negligence. Your motorcycle accident lawyer will work to gather evidence to build a strong case proving negligence. Some key pieces of evidence that may help support your motorcycle accident case include the following:
- Photograph or Video Evidence: Photographs or video evidence can show proof of dangerous road conditions or property damages.
- Police Report: A copy of the police report can provide helpful information about the other vehicle and driver.
- Witness Statements: Witness statements offer additional information about what led to the accident.
- Expert Witness Report: Expert witnesses can help insurance adjusters better understand the cause and outcome of an accident.
- Property Damage: A repair shop invoice or report helps prove negligence based on the location and extent of the damages.
- Accident Scene Recreation: Recreating the accident scene makes it easier to understand better what caused the accident.
- Medical Bills: Medical bills can provide evidence of the injuries sustained and what additional services may be needed. Medical records can be helpful.
- Wage Report: A wage report provides information about the injured motorcyclist’s lost income, which should be compensated through a personal injury claim.
Our firm will gather evidence to strengthen your insurance claim. We have the experience necessary to calculate a fair value for your case.
Every personal injury claim requires four key elements: duty, breach, causation, and damages. Drivers owe one another a legal duty of care when operating a vehicle, which means they must drive safely.
A case investigation aims to prove a breach of duty of care. A report or witness statements can be helpful in this regard, showing evidence of negligence, such as speeding or driving under the influence. A lawsuit requires proof the negligence was the direct cause of the accident.
Finally, the purpose of a lawsuit is to recover damages. Damages in a motorcycle accident might include medical bills, rehabilitation fees, and property damages.
Lost income is another expected damage, especially while the motorcyclist recovers. In motorcycle accidents with extreme injuries, pain and suffering may also be available.
Other Potential Defendants
While the other driver may be most commonly at fault when a motorcycle accident occurs, different parties can be to blame. Any of the following could be potential defendants in a motorcycle accident case.
Vehicle Manufacturers
Vehicle or motorcycle manufacturers can be liable when an accident occurs. Defective or faulty parts on either vehicle can lead to an accident and severe injuries.
Government Entities
Certain government entities can be responsible when a motorcycle accident occurs. Hazardous road conditions, such as poorly maintained roads or dangerous roadblocks, can make driving unsafe. Proving liability against a government entity can be more difficult, making working with an experienced lawyer crucial.
Motorcycle Parts Manufacturers
Motorcycle manufacturers could be listed as the at-fault party if defective parts cause or contribute to the accident. For example, a faulty helmet may not be to blame for a motorcycle accident, but it could cause further harm when one does happen. Faulty tires could prevent the motorcyclist from safely riding, contributing to the accident.
Property Owners
In some cases, property owners can be liable in premises liability claims. A restaurant or nightclub, for example, could be partially responsible if they allow the motorcycle rider or car driver to overindulge. If an accident occurs, a commercial property that fails to maintain safe roads or parking lots could be the at-fault party.
The Role of Insurance Companies in a Motorcycle Accident Case
If you were injured in a motorcycle accident, you can seek compensation for your damages from the insurance company. Most states require all drivers, including motorcyclists, to carry insurance.
Here are a few essential things to know about the insurance company’s role in motorcycle accidents.
The At-Fault Driver’s Insurance
Motorcycle accident victims usually recover compensation from the at-fault driver’s insurance company. They will work closely with the insurance adjuster to determine a fair settlement based on their damages and injuries. The average settlement amount varies, depending on the specific details of your case, such as what medical records reveal.
Your Own Insurance (Uninsured/Underinsured Motorist Coverage)
In no-fault insurance states, the motorcyclist may first seek compensation from their insurance provider. Review your insurance policy to learn more about what’s covered.
Even in non-no-fault insurance states, accident victims may seek compensation from their insurance provider through uninsured/underinsured motorist coverage if the responsible driver wasn’t properly insured. The injured motorcyclist will work closely with the insurance adjuster to value their damages.
The Importance of a Motorcycle Accident Lawyer
Motorcycle accidents frequently lead to severe injuries, and costs can easily exceed the maximum limits available from the insurance company.
Working with a motorcycle accident lawyer will ensure maximum compensation for your injuries. Here are a few ways a motorcycle accident attorney can help your case.
Identifying All Liable Parties
A motorcycle accident lawyer can help identify liable parties so you know who to file a lawsuit against to recover compensation. In some motorcycle accidents, multiple parties may be liable, and the investigative skills of a lawyer can be helpful.
Our law firm uses a series of investigative strategies to uncover what happened. Whether recreating the accident scene or tracking down witnesses, we work hard to determine what happened.
Investigating the Accident and Gathering Evidence
Motorcycle accident lawsuits require sufficient proof of negligence. Our motorcycle accident lawyers have the necessary investigative skills to determine liability and prove negligence.
We aim to build a strong case that identifies the responsible party and helps you recover maximum compensation.
Negotiating with Insurance Companies
A personal injury lawyer may also help negotiate your case with the insurance company. The insurance company may not always hold up their end of the deal and pay the benefits that an injured victim deserves.
In some cases, the insurance company may try to shift blame to the motorcyclist or minimize their injury to reduce the payout. We won’t settle until we’re confident you have received a fair offer.
Representing You in Court
Many personal injury cases are settled outside of court. However, if the insurance company or at-fault driver is unwilling to offer a fair settlement, our lawyers are prepared to represent you in court. A trial takes your claim before a judge or jury, aiming to increase the settlement amount.
Preparing for trial can take time, and following the state’s statute of limitations is essential. Failing to meet filing timelines can make your case ineligible for compensation. The time limits you must follow may vary depending on the liable party. For example, many states have shorter time limits on lawsuits against government entities.
Secure Expert Legal Representation!
If you were injured in a motorcycle accident, you may be entitled to compensation for medical bills, property damages, lost wages, and pain and suffering. Before filing a claim to the insurance company or a lawsuit against the liable party, you must determine liability and collect ample evidence.
Rosenfeld Injury Lawyers is committed to helping accident victims recover compensation. Through case investigation, insurance claim negotiations, and trial representation, you can leave your case to our experienced team and focus on your recovery. We protect the best interests of motorcyclists, ensuring they receive the compensation they need to recover.
Contact us today at (888) 424-5757 or fill out our online form to book a free consultation with a motorcycle accident lawyer in Chicago.