In motorcycle accidents, as with car accidents, the evidence is often relatively clear, which means proving fault isn’t too complicated. However, the evidence usually isn’t as definitive in motorcycle accident cases, and motorcyclists tend to be on the receiving end of a lot of bias.
Fortunately, a skilled motorcycle accident lawyer can simplify the legal process for clients filing accident claims.
How Liability Is Determined in Motorcycle Crashes
Negligence is the most common reason for most motorcycle crashes. The following actions can indicate negligence:
- Speeding or driving recklessly
- Not yielding when required by law
- Driving while intoxicated or distracted
- Breaking traffic laws
- Not checking blind spots before changing lanes
Lawyers with experience in these cases can acquire key evidence pointing to negligence to establish fault.
Dealing with Bias Against Motorcyclists After a Crash
Quite often, the people involved in looking into an accident assume the motorcyclist was the one at fault. This goes for police officers, insurance adjusters, and potential jurors.
By assuming that the motorcyclist was a reckless thrill-seeker, the police might focus on the rider’s speed, ignoring another motorist’s failure to yield. This bias is also clear in the low offers given by insurance adjusters, despite motorcycle crash injuries being severe in many cases.
The best way to avoid these biases from becoming a factor is to follow critical safety rules like wearing proper safety gear, following posted speed limits, and making your intentions clear. You’ll also need solid evidence about what happened in your specific crash to dispel unconscious assumptions.
What Is Comparative Fault?
Georgia is among several states that use a comparative fault system, which reduces a claimant’s prospective compensation by their assigned percentage of fault.
For example, if you’re found to be 20% liable for an accident, your total compensation would be reduced by 20%. If you’re deemed 50% or more at fault, you can’t recover any damages from the other party.
You could be assigned partial liability if you’re accused of not wearing a helmet, splitting lanes, or making dangerous choices like not using your headlight. This could result in a lower settlement or jury award.
Evidence You Can Use to Strengthen Your Claim After a Motorcycle Crash
Due to the numerous stereotypes associated with motorcyclists, it’s important to have strong evidence when filing your claim. This might include:
- Police reports with first-hand accounts from witnesses and the officer present at the scene
- Photos of the accident scene capturing road conditions, traffic signals, and vehicle positions
- Video footage from nearby stores, dash cams, or traffic cameras
- Medical records showing that the crash caused your injuries
- Maintenance records for your motorcycle to refute claims that your bike failed
- Weather reports and visibility conditions when the accident happened
One potential evidence-related problem is that motorcycle skid marks tend to be shorter and harder to see. Also, the motorcycle itself might end up far from where the crash happened, making it harder to piece together what took place.
How Witness Statements Can Influence a Motorcycle Accident Case
Witness statements are powerful because they tell what happened from someone who saw the accident unfold but wasn’t directly involved. Witnesses can provide crucial details like:
- How fast the vehicles were going
- Whether traffic lights were red or green
- Whether drivers used turn signals
- Whether the motorcycle was visible at the time of the collision
- Actions each driver took just before the crash
The best witnesses are those with no connection to either you or the other party.
Make it a point to get the contact information of any witnesses at the scene. If possible, ask them to record a quick statement about what they saw while it’s still fresh in their minds. People forget things over time, so early statements are usually more accurate.
Common Causes of Motorcycle Accidents
Knowing the most prevalent causes of motorcycle accidents can help you make sense of what happened in your case and who might be at fault. Here are some common factors:
- Drivers turning left at intersections often don’t see motorcycles proceeding straight through
- Drivers merging without checking their blind spots can hit motorcyclists or force them off the road
- Distracted drivers may not see motorcycles in time to react
- Someone in a parked vehicle might open their door directly into a motorcycle’s path
- Potholes, gravel, uneven pavement, and other unseen hazards can cause motorcycles to crash
- Rear-end collisions caused by drivers who don’t stop in time can seriously injure motorcycle riders
By demonstrating that your accident fits one of these common patterns, you can make a more convincing argument for liability.
Legal Responsibilities of Motorcycle Drivers and Riders
Motorcyclists should always observe traffic laws to avoid contributing to accidents, just like drivers of other vehicles. However, they also have some additional responsibilities, such as:
- Wearing a DOT-approved helmet, which is required in many states
- Using headlights even during the daytime
- Possessing a special motorcycle license or endorsement
- Following the rules regarding lane positioning and lane-splitting
- Having proper insurance coverage
Fulfilling these responsibilities can reduce your chances of being involved in a crash. It could also lessen the severity of your injuries and serve to clear you of fault if you’re in an unavoidable accident.
Steps to Take After a Motorcycle Accident to Protect Your Rights in Georgia
Here are the steps you should take immediately after a motorcycle accident, assuming you’re able:
- Move to safety if possible.
- Call 911 to report the accident.
- Seek medical treatment, even for injuries that seem minor.
- Document the accident scene thoroughly.
- Get the names and contact information of witnesses.
- Exchange insurance and contact information with the other party.
- Avoid discussing the accident, as anything you say could be used against you.
- Keep all medical records and receipts.
- Notify your insurance company of the accident.
- Consult a personal injury law firm before accepting any settlement offers.
Remember, the more compelling evidence you can collect and preserve, the more successful your claim is likely to be.
Talk to a Motorcycle Accident Lawyer for Help with Your Case
Proving who’s at fault for a motorcycle accident can be difficult, especially if you’re trying to do so alone. It’s therefore crucial to enlist the aid of a qualified motorcycle accident lawyer.
The attorney you choose should have ample experience gathering evidence and dealing with insurance companies that might want to assign blame to you, even if the evidence suggests otherwise.
