Motorcycle Accidents Who Is Liable

Much like any motor vehicle accident, motorcycle accidents are highly complicated events. Riding a motorcycle can be risky on its own, but collisions are especially dangerous and often fatal. If you were involved in a motorcycle accident, the main factor to consider when building a case is fault. By proving the other driver is 100% at fault for the accident, you get closer to a settlement. Keep in mind that depending on the circumstances of the accident, there may be multiple parties at fault (including yourself).  Because so many motorcycle accidents involve multiple parties, it can be difficult to sort out by yourself who exactly is liable for your injuries.  While your personal injury lawyer will walk you through this complicated legal process, this is what to know:

Understanding Negligence in a Motorcycle Accident

In most states, recovering compensation for your injuries starts with proving negligence. In your case, as the injured party, you are trying to prove that the other driver(s) caused your accident through their negligent, careless, reckless, or intentional conduct. While the rules may vary from state to state, generally you must establish the following factors to prove negligence:

    • Under the law, the defendant (the other driver in this case) has a duty to act with reasonable care. In legal terms, “reasonable care” refers to the degree of caution (or lack thereof) any rational person should display under the circumstances.
    • The defendant was not careful or acted reckless while driving or riding.  According to the AAA Foundation for Traffic Safety, aggressive driving plays into about 66% of fatal car accidents.
    • The defendant’s careless conduct caused your injury.
    • You were injured and suffered damages. If you were not injured in the accident, it is unlikely that you have a case.  Keep in mind that medical bills from injuries aren’t the only type of damages in motorcycle accident cases. For instance, if your injury caused you to miss work and lose wages, you can recover that amount from the other driver.

Proving Negligence

The most effective way to prove negligence is to work with a personal injury lawyer who understands the legal requirements of making such a claim. They will gather and analyze the facts of the case and use their experience to present a strong case. It’s important to keep in mind that motorcycle accidents are not only caused by other drivers but also defective vehicles and maintenance error. If this is the case, you will have to prove fault against additional parties.

Once you enter a personal injury case, remember to work closely with your attorney and listen to their advice. As long as you select a lawyer with proven experience in personal injury cases, you can rest assured that you are in capable hands. And this will get you closer to the compensation you deserve.


Contact Folger Law today to receive the legal help you need.




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