Who’s At-Fault in Most Motorcycle Accidents?
In the blink of an eye, a motorcyclist could veer into the path of a motorist, or vice versa. In the aftermath, there are painful injuries, wrecked vehicles, and pointed fingers as shaken drivers rehash what took place. Determining who’s at fault in most motorcycle collisions isn’t black and white, but our personal injury law firm investigates thoroughly to restore truth and justice.
The Pendleton Law Team is known for being fact-finding advocates during the discovery phase and “Heavy Hitters®” at the negotiation table. Our Virginia motorcycle accident lawyers have extensive experience and know what insurance companies look for to pinpoint liability and how fault is assessed by accident reconstructionists.
If you were involved in a motorcycle accident and want to know who’s more likely to be at fault, our lawyers can assess your case for free in person, over the phone, or offer guidance below while you decide if an attorney is needed for your case.
Top Causes of Motorcycle Wrecks Based on At-Fault Parties
To determine who is most responsible for motorcycle accidents, the potential at-fault parties must be identified, along with the common behaviors of each that result in a wreck. While motorcycle crashes happen for a variety of reasons, Forbes attributes speeding and impaired driving as the top two reasons. Additional causation includes:
Drivers
- Failing to see/yield to a motorcycle when merging or turning
- Distracted driving due to phone use, eating, passengers, etc.
- Driving while intoxicated or impaired
- Speeding or aggressive driving around a motorcycle
- Opening a vehicle door into an oncoming motorcycle’s path
Motorcyclists
- Unsafe speeding, weaving, or stunt riding
- Lack of protective gear/clothing
- Impaired driving under the influence of alcohol or drugs
- Failure to properly signal turns or lane changes
- Improper passing and lane splitting
Government Entities
- Poorly designed, maintained, or marked roads
- Slippery road surfaces or debris not cleared
- Malfunctioning traffic lights or signals
- Lack of sufficient signage or barriers
Manufacturers
- Defectively designed or constructed motorcycles or parts
- Insufficient safety features or rider protections
- Faulty tires or brake components
- Improper motorcycle handling or performance
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Motorcycle Accident Factors Examined by Insurance Adjusters
The insurance company doesn’t want you to know what they look for when determining liability in a collision case because it gives you leverage to negotiate a higher price for your settlement offer. Often, an insurance agent will reach out to you immediately after the wreck, requesting a recorded phone call. This predatory tactic is useful when the extent of the loss is still unknown.
To better equip you with what to do or say after a motorcycle accident to avoid compromising your claim, keep in mind that insurance adjusters often look for the following to establish fault:
- Damage done to each vehicle can indicate the direction of impact
- Points of impact on the vehicles to reveal the angle of collision
- Which driver had a clearer view and ability to prevent the crash
- Experts analyze skid marks, debris, and post-accident positions
- Road conditions and weather at the time of the accident
- Data from vehicle sensors and recorders
- Statements from all parties involved, passengers and eyewitnesses
- Determining which driver violated traffic laws
If you wish to refrain from speaking with the insurance company following an accident, consult with a Virginia motorcycle accident attorney immediately.
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Complexities of Finding Who Was Most At-Fault in a Motorcycle Accident
Like any vehicle collision, motorcycle accidents tend to get thorny when certain circumstances exist. The legal intricacies of investigating a motorcycle crash are best navigated with the help of a Virginia personal injury lawyer to ensure fairness and decrease the probability of evidence being mishandled or misrepresented. The following are common issues you may encounter:
- Lack of independent witnesses to the crash
- Both parties claimed the other was negligent
- Unclear road markings or signage where the accident occurred
- Dispute over who had right of way in intersection crashes
- Contradictory police reports with multiple potential causes cited
A thorough investigation of the facts with adequate evidence gathering will cut through the complexity of establishing fault when motorcycle accident liability is disputed.
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Be In the Know About Who Is Most At Fault For Your Motorcycle Accident At All Times
The biggest perk of retaining legal counsel following an accident is the reassurance that your rights are being protected and that you won’t be left in the dark throughout the legal dispute. Our Virginia motorcycle collision lawyers can advise you on who is most likely to be at fault for your motorcycle accident, what their policy limits are, and what evidence has been collected.
There’s no need to second guess if you told your version of events right or if you collected enough evidence if you have a reputable vehicle accident attorney on your side. Our experienced legal team knows how to hold all responsible parties liable and will never let the blame game distract us from obtaining justice. Feel free to contact us for a free case evaluation.
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