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Determining Liability in a Motorcycle Crash

In some ways, there is very little difference between a collision involving two cars and one that involves a motorcycle and another motor vehicle. For example, accidents are caused by driver negligence. One driver usually takes their eyes off the road, for example, and moments later slams into another vehicle. That being said, when a motorcycle is involved, it’s not usual when the accident results in a fatality or at least catastrophic injuries to the rider.

One thing that is quite different when comparing accidents is that liability is often in question far more when a motorcycle is involved in the accident.

The “Law of Negligence” is the standard that governs most motorcycle collisions. If one person is negligent, or acts in a careless fashion that results in injury to another person. All drivers are supposed to, be law, obey the rules of the road and do their best to avoid bringing any harm to people or property. If a deer runs out into the middle of the road, even the most cautious and conscientious driver is likely to be involved in a crash. This accident occurred, though no one was negligent.

On the other hand, if an accident is caused because a driver did something they shouldn’t have done (took their eyes off the road to adjust the radio, for example), or didn’t do something they should have done (such as stop at a stop sign), the accident may be blamed on driver negligence. In this case, the negligent driver, the one who didn’t take necessary precautions, may be found legally negligent.

Bikers are able to take some precautions to protect themselves from negligent motorists, but they cannot prevent driver negligence. For example, wearing a helmet, making sure you are obeying the rules of the road, staying out of a car’s blind spot — these are all steps a motorcyclist can do to protect themselves. Conversely, if a car driver chooses to drink and drive or text while driving, no amount of planning and safety precautions can protect a rider in a crash.

Proving Liability in Motorcycle Accident: The rider must be able to prove that the defendant was not careful and did not act in a reasonable manner when taking actions that caused the rider’s injuries. Additionally, the motorcyclist must show that he or she suffered losses or injury. If there were no injuries and no property loss, the rider will usually not be able to recover damages. However, don’t leave money on the table. Contact a savvy motorcycle accident lawyer about your case today.

If you or someone you know was injured in a motorcycle accident, contact an experienced personal injury lawyer who routinely fights for the rights of motorcycle riders. Team Law’s Andrew Prince, Esq., will work tirelessly to make sure you get the compensation you deserve following a motorcycle accident.