At fault motorcycle accident

By Aghabegian & Associates on November 17, 2021

Motorcycle accidents can have devastating repercussions. From concussions and traumatic brain injury (TBI) to broken bones and even paralysis, motorcycle crashes can cause serious physical and emotional harm. If you were recently injured in a motorcycle accident, then determining who was at fault for the collision is critical, as this determination will help you claim damages. Damages in a personal injury claim, such as a motorcycle accident injury claim, can range from medical expenses (medications, surgeries, doctor’s appointments, diagnostic tests, physical therapy, caretaking, and more) to lost wages or loss of profits if you were forced to miss work owing to your injury.

Depending on the state, you and your attorney may also be able to seek damages relating to emotional injuries, such as mental anguish or loss of enjoyment. At the end of the day, if the other driver is at fault for the motorcycle accident, or found to be more at fault than you (if the accident occurred in a comparative negligence state), then you may be able to recover a considerable sum of money in damages.

Who Is at Fault in Most Motorcycle Accidents?

To determine who is at fault for your motorcycle accident, all possible parties will be considered. Though the person or people held liable will vary depending on the unique circumstances of your collision, they can include the driver of the vehicle involved in the incident, the manufacturer of the motorcycle, the manufacturer of a specific component of the motorcycle, the government entity responsible for road management, the motorcycle rental company, or the repair shop responsible for repairing and maintaining the motorcycle. 

As with all personal injury cases, to win your case, you will have to prove that the other party was negligent and that their negligence led to the crash and your subsequent injuries. Your case will hinge on four main components: proving that the driver had a duty of care to drive or act safely, that they breached that duty of care, such as by speeding or unsafely changing lanes, that their actions caused the accident (causation), and finally, that you suffered damages as a result of the accident (evidence to prove damages ranges from medical expenses to lost wages).

While the actions of both motorists will be taken into account when determining fault, the driver of the vehicle involved in a motorcycle collision is more often than not found to be responsible for the accident. Drivers have a reputation for being unaware or dismissive of motorcyclists, which doesn’t work in their favor.

What Is the Most Common Cause of Motorcycle Accidents?

The most common cause of motorcycle accidents in the United States is the failure of other drivers to spot motorcycles on the road. Owing to their small size, they are easily hidden behind other vehicles or in a car’s blind spots. As such, many motorcycle accidents that occur are the result of a driver failing to detect a motorcyclist. Spotting a motorcycle on the road can be challenging, even for the most cautious and attentive of drivers. 

Given that a lack of visibility is one of the leading causes of motorcycle crashes in the United States, it’s no surprise that another of the main causes is cars making left-hand turns at intersections. In these situations, a driver may be turning left, and failing to see the motorcycle, crashes into them. Alternatively, a driver traveling in the opposite direction, wishing to drive straight through the intersection, may fail to see the turn signal of a motorcyclist trying to make a left-hand turn, mistakenly believing the motorcyclist is traveling straight. This is another left-hand turn situation that can lead to a motorcycle accident, both of which are caused by a lack of visibility. 

Owing to the prevalence of motorcycle crashes in the United States, it’s important that motorcyclists be vigilant at all times on the road. Being constantly aware of your surroundings and perhaps even wearing brightly-colored or reflective clothing, especially if you plan on practicing lane splitting, may help you avoid collisions.

At What Speed Do Most Motorcycle Accidents Happen?

Motorcycle accidents can occur at any speed. However, contrary to popular belief, the majority of motorcycle accidents occur at speeds of under 30 miles per hour. Some studies have shown that the average speed at the time of impact is roughly 21.5 miles per hour. That said, even when a collision happens at a slower speed, it can still result in serious injuries, especially for the motorcyclist. Some of the most common injuries sustained in motorcycle crashes include head and neck injuries, spinal cord injuries, road rash, biker’s arm, and lower-extremity injuries, including fractures of the pelvis, foot, ankle, hip, femur, and lower leg.

Conclusion

If you or someone you love was recently injured in a motorcycle accident that another driver was fully or even partially at fault for, you may be able to file a personal injury claim. Aghabegian & Associates, PC is a personal injury law firm based in southern California. Our team of motorcycle accident injury attorneys has over 40 years of combined experience in the field and has filed all kinds of personal injury claims, including motorcycle accident injury claims. Together, the team at Aghabegian & Associates, PC has won millions of dollars in damages on behalf of our clients. If you’re interested in learning more about personal injury law and how it may apply to you, we urge you to schedule a free consultation with one of our skilled motorcycle accident injury attorneys. During the consultation, one of our personal injury experts will listen to the unique circumstances of your accident and advise you on whether a motorcycle accident injury case is worth pursuing.

It’s important to note that California is a comparative fault state, meaning that more than one person can be found responsible for an accident. As such, it’s important to speak with a motorcycle accident injury attorney before filing your claim to understand what your chances are of being found more than 50 percent responsible for the accident. As long as you are found to be less than 50 percent liable for the crash and your subsequent injuries, you can still recover partial damages. 

Let us help you receive the compensation you deserve. Aghabegian & Associates, PC is pleased to offer free consultations to all prospective clients. Plus, we operate on a contingency fee basis, meaning there are no upfront or unexpected costs. We only get paid if we win your case. Aghabegian & Associates, PC is committed to fighting for your rights until the very end.