One or more people can be at fault for a motorcycle crash. Typically, these are individuals or entities who failed to meet a duty of care they owed to the motorcycle rider.
However, legally establishing fault can be complex and requires multiple criteria to be met.
When Car and Truck Drivers Are at Fault for a Motorcycle Collision
Car and truck drivers may be at fault for a motorcycle accident if they neglected to follow the basic rules of the road.
For example, this could be if they weren’t paying attention to their surroundings or were speeding or otherwise violating a traffic law.
This is because all vehicle drivers owe a duty of care to other drivers on the road, including those riding a motorcycle.
If a driver ignores or violates their duty of care by speeding, driving drunk, or something else, this makes establishing liability easier.
When a Motorcycle Manufacturer Is Responsible for an Accident
Motorcycle defects are unfortunately common. If an accident can be traced back to a defect in the motorcycle’s design or build, it may be possible to hold the manufacturer responsible.
Some of the most common types of motorcycle defects that can cause an accident include:
- Engine stalling
- Valve or gasket leaks
- Faulty brakes
- Malfunctioning fuel system
- Tire tread separation
Manufacturers can also be held legally responsible for failure to warn if they neglected to provide adequate information about the motorcycle or its operation.
When a Motorcyclist Causes Their Own Accident
A motorcyclist may be at fault for their own accident if they were drinking alcohol, speeding, or otherwise failing to safely operate their bike.
This is often the case in single-vehicle crashes where only the motorcycle rider is involved in the collision. An example of this would be if the rider hit a guardrail or a tree without crashing into any other vehicles.
Further Reading: No-Contact Motorcycle Accidents & Driver Responsibility
How to Get Financial Compensation From the Responsible Party After a Crash
After a motorcycle accident, you may be able to get compensation from the at-fault party by filing a personal injury lawsuit against them. This allows you to provide evidence of your injuries and collect compensation for damages you suffered.
The term “damages” in the context of a personal injury lawsuit refers to both the economic and non-economic costs you incur as a result of the accident. They include things like lost wages, hospital bills, and subjective pain and suffering.
Can Fault for a Motorcycle Collision Be Shared?
Sometimes, there may be multiple parties at fault in a motorcycle accident lawsuit. This means that more than one person or company contributed to the collision.
Under New Hampshire and Massachusetts comparative negligence laws, the injured party can collect compensation from any defendant as long as their own degree of fault is less than 51%.
When this happens, whatever damages are awarded to the accident victim are reduced by the percentage of fault they share.
So, if a motorcycle rider wins a $100,000 settlement in an accident they were deemed 25% responsible for, their actual award would be $75,000.
Do You Need Legal Help After a Collision? Call Mazow | McCullough, PC
If you or someone you know were hurt in a motorcycle accident, we can help. Contact Mazow | McCullough, PC in Salem, MA today to discuss your legal rights and what options are available to you. Call now by dialing (978) 744-8000 or toll-free at (855) 693-9084.
