Determining Who Is at Fault in a Motorcycle Accident
There are approximately 8.3 million motorcyclists in the United States. Motorcycle accidents have become even more common as motorcycles have become increasingly popular in North Carolina and around the country.
Motorcyclists do not have the external protection drivers and passengers in passenger vehicles have. As a result, motorcyclists are 27 times more likely to die in motor vehicle injuries than passenger vehicle occupants in an accident. You may wonder whether you are entitled to compensation if you have been injured in a motorcycle accident. To recover compensation for your injuries, you must prove that the at-fault party's negligence caused your injuries.Factors in Determining Fault After a Motorcycle Accident
After your motorcycle accident, you might assume that one party is at fault for the accident. In reality, the court could hold another person responsible for the accident. Under North Carolina law, all drivers have a legal duty to drive reasonably under the circumstances to prevent injuries to others. When drivers breach their duty of care, they can be held liable for accidents caused by their negligence. Proving negligence is necessary to obtain compensation after an accident.
To prove fault, victims must investigate the accident and gather evidence proving that the at-fault party's negligence was entirely or partially responsible for their injuries. Several different parties could be at fault for your accident. For example, the vehicle that collided with you could be a fault because the driver was intoxicated or texting while driving.
In other cases, another driver could cause a vehicle to lose control and crash into you. Your vehicle manufacturer could be at fault if they supplied you with a faulty part. If a commercial driver collided with you due to a lack of training, you might be able to obtain compensation from the driver's employer for negligent hiring.Investigating Your Motorcycle Accident
The personal injury attorneys at Arnold & Smith, PLLC, have extensive experience and the financial resources to investigate your motorcycle accident. We will work with experts who can reconstruct the accident using evidence from the accident scene. Our attorneys will examine all available evidence to prove who was at fault, including the following:
- Witness statements
- Photos and videos of the scene
- Police reports
- Medical records
- Traffic cameras
- Dash cameras
After speaking to witnesses, we will figure out who caused your collision. Multiple parties may be at fault, and we will develop a strategy to obtain compensation from them. In many cases, pursuing compensation through an insurance settlement will be your best option. In other cases, a personal injury lawsuit may be necessary. Regardless of who is responsible for your injuries, we will hold them accountable.Examples of Negligence That Can Lead to Motorcycle Accidents
There are many different causes of motorcycle accidents. Unfortunately, most accidents are preventable and caused by human error or negligence. Every motorcycle accident case is unique, but many involve the following types of negligence:
- Blind spots: when drivers do not look in their blind spots, they will not be able to see small motorcycles in their mirrors. Even when drivers look in their mirrors, they may not be focusing on looking for smaller motorcycles.
- Distracted drivers: drivers who are texting, talking, eating, daydreaming, or simply not focusing on the road can miss a motorcyclist and cause a collision
- Speeding: when a person is driving too quickly, they are more likely to lose control of their vehicle and collide with a motorcyclist
- Following too closely: tailgating is always dangerous, but it is especially dangerous when motorcyclists are involved. When a passenger vehicle tailgates a motorcyclist, they do not have enough time to stop and prevent a collision. Rear-end collisions with motorcycles can cause serious injuries, including spinal cord and traumatic brain injuries.
- Poor road conditions: motorcyclists usually prefer to ride in more excellent weather, but sometimes bad weather can occur suddenly. Motorcyclists can lose control of their vehicles during bad weather conditions. Other drivers who are not paying attention or do not slow down during bad weather can collide with motorcyclists and cause serious injuries.
After a motorcycle accident, determining fault is an important step in obtaining compensation. You only have a limited time to file a claim, and the investigation process will take time. The sooner we speak to an attorney, the sooner your attorney can begin protecting her rights and developing your client. Contact Arnold & Smith, PLLC, as quickly as possible to schedule your free case evaluation and learn more about how we can fight for your right to compensation.