How Fault Is Determined in a Motorcycle Accident

man looking over damaged motorcycle

One of the crucial steps in filing a motorcycle accident claim is proving fault. You must be able to prove that another party caused your motorcycle accident to recover compensation for your injuries. If you cannot prove fault, the other party cannot be held financially liable for the damage caused by the crash. 

If you have sustained injuries in a motorcycle accident, the other parties involved in the crash could be liable for your damages. However, fighting for fair compensation can be time-consuming and challenging. Our New Jersey motorcycle accident attorney helps accident victims by conducting thorough accident investigations to gather evidence proving fault. The evidence is used to hold the at-fault party liable for the victim’s financial losses, pain, and suffering. 

Who Is Liable for a Motorcycle Crash?

There could be one or more parties liable for a motorcycle accident. The factors that led to the crash determine who is at fault. Factors that could contribute to the cause of a motorcycle wreck include:

  • Failing to yield the right of way
  • Speeding and reckless driving
  • Impaired driving
  • Tailgating or following too closely
  • Mechanical failure
  • Road hazards and weather conditions
  • Drowsy driving
  • Failing to check blind spots
  • Distracted driving
  • Unsafe and sudden lane changes

In many cases, another motorist caused the accident. However, there could be other parties liable for a motorcycle accident. If a motorcycle or any of its parts are defective, a manufacturer could be liable if the defects contributed to the cause of the accident.

A motorcycle repair shop could be liable if it were negligent in making repairs and that negligence led to the cause of the motorcycle crash. Government entities could be liable if hazardous road conditions or defectively designed roads led to a crash.

Evidence That Assists in Proving Fault 

A comprehensive accident investigation is the best way to gather evidence proving fault. Our legal team searches for evidence that can prove how the accident occurred and identify the parties responsible for causing the crash. 

Examples of evidence used to prove fault for a motorcycle accident include:

  • Copies of police reports and accident reports
  • Statements from eyewitnesses and individuals involved in the accident
  • Physical evidence from the accident scene, including skid marks, damage to signs, gouges in the road, road hazards, etc.
  • Video of the accident from traffic cameras or nearby security cameras
  • Photographs of the accident scene immediately after the crash occurred
  • Damage to the motorcycle and the other vehicles involved in the crash
  • Cell phone records for each of the drivers around the time of the accident
  • Opinions and information obtained from accident reconstructionists, engineers, and other experts

Careful analysis of all evidence is the only way to determine who is at fault for the crash when the parties dispute liability. 

Comparative Negligence Claims for a Motorcycle Accident

In some cases, the other driver may claim that the motorcyclist is partially at fault for the cause of the crash. Under New Jersey’s comparative negligence laws, the compensation you receive for an accident claim can be reduced if your actions contributed to the cause of the crash. 

The amount you receive for your damages is reduced by the percentage of fault you have for causing the motorcycle accident. However, if your fault is 51 percent or more, you cannot recover any money for your damages.

Contact Our New Jersey Personal Injury Attorney for Help with a Claim

Motorcycle accidents can result in severe injuries and substantial financial damages. Contact our law office today to speak with our New Jersey personal injury attorney about filing a claim. You deserve to be compensated for injuries and damages that were not your fault. 

Posted in: Uncategorized