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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