Understanding Fault in Motorcycle Accident Lawsuits

What does fault mean in a motorcycle accident lawsuit? To win a financial award in a motorcycle accident lawsuit, the victim must show that the at-fault party caused the accident. Fault in this case means if the other driver had taken different actions, the driver would not have caused the accident. Proving fault in a motorcycle accident does not mean you must show the other driver purposefully caused the accident. You simply must show that the other driver acted negligently or recklessly, which led to the accident.

The insurance company representing the driver in the accident may not want to accept fault. If the other driver is not primarily at fault, you cannot win any money in your lawsuit. If the insurance company tries to blame you for the accident, you could see a reduced financial award or no financial award. You and your personal injury attorney need to investigate the circumstances of the accident and produce facts that show the other driver was at fault.

Factors That Determine Fault in a Motorcycle Accident

Some of the factors that determine fault in a motorcycle accident include whether:

  • One party was speeding
  • One party switched lanes without warning
  • One party made a left turn without looking for oncoming traffic
  • One party was texting and driving or distracted in another way
  • One party was driving after drinking or taking drugs
  • One party did not have a driver’s license or the proper endorsements for the vehicle being operated.

Police officers who respond to the accident will investigate and create an accident report. They may assign fault to one of the parties involved in the accident as part of the report. It’s important for this report to have accurate information, as the report is a key piece of evidence in any motorcycle injury accident lawsuit.

Common Scenarios and Who Might Be at Fault in a Motorcycle Accident Lawsuit

Some common accident scenarios that involve motorcyclists – and who might be at fault – include:

  • Reckless left turn: If a driver makes a left turn without looking for oncoming motorcyclists, this can lead to a catastrophic injury from a head-on accident.
  • Unsafe lane changes: A driver might not look for a motorcyclist in an adjacent lane before changing lanes. If the motorcyclist is recklessly weaving in and out of traffic, though, the motorcycle operator could be at fault.
  • Speeding: A driver who is violating speed limit laws is nearly always at fault for any accident, including crashes with motorcycles.
  • Distracted driving: A driver who is looking at a smartphone, eating, or looking at the kids in the backseat may be at fault for hitting a motorcycle because of distracted driving.

The Role of Insurance Companies in a Motorcycle Accident Lawsuit

The role of insurance companies in a motorcycle accident lawsuit is to pay your financial claim for your injuries – as long as the other driver is primarily at fault. An insurer may try to take steps to avoid paying your injury lawsuit settlement by blaming you. Insurers increase their profit margins by eliminating or reducing the amounts they pay to victims in injury accident claims.

From an insurance company perspective, motorcycle accident lawsuits differ from other injury accident cases in the way the insurer attempts to assign blame. Insurance lawyers know that juries, lawyers, and judges might not fully understand how to operate a motorcycle, so they may try to introduce information that makes it difficult to understand which party was at fault for the accident.

To try to avoid confusion, your attorneys will do a thorough investigation that shows exactly what happened and why the other driver is at fault. Hiring an injury lawyer who has extensive experience with representing victims in motorcycle injury accidents is important. Experienced lawyers can watch for these tactics from the insurer and work to counteract them by explaining what happened in easy-to-understand language.

Why You Need an Attorney in a Motorcycle Accident Lawsuit

Most people do need an attorney in a motorcycle accident lawsuit. Although you have the right to represent yourself, the experience and professionalism of injury lawyers can be advantageous in trying to win a claim. Because insurance companies rarely want to pay victims the award amounts they should have, you need someone who will help you deal with an unfair insurance company.

Insurance company representatives may promise to help you receive a fair amount. However, you have to remember that the rep works for the insurance company, not you. This person’s ultimate loyalty will always be to the insurer.

When you have Georgia personal injury lawyers on your side, they can help you understand the timeline for a motorcycle accident lawsuit. Lawyers can try to prevent the insurer from stalling and delaying the case in an effort to frustrate you. Your injury lawyers can provide advice about whether it’s a good time to settle the case after an offer from the insurance company.

Should you need to prepare for a motorcycle accident deposition as the negotiation process moves forward, your attorneys can help you prepare for the questions you’ll have to answer. They can help you understand every step of the injury lawsuit process after a motorcycle accident in which you believe you were not at fault.

Let The Stoddard Firm Help You Understand What Fault Means in a Motorcycle Accident Lawsuit

Call Us Today for a Free Case Review

What does fault mean in a motorcycle accident lawsuit, and what do you have to do to prove fault? Proving fault by yourself is very difficult against an insurance company that is refusing to accept blame for its client or that is blaming you. Seeking the help of an Atlanta motorcycle accident lawyer to investigate the crash and find facts that show fault on the part of the other driver can be the difference between winning and losing your financial claim.

At The Stoddard Firm, we fight tirelessly for our clients. We do not cut corners when investigating your motorcycle accident. We understand the importance of proving fault on the part of the other driver in trying to win the claim that you deserve to have. For a free review of your case, call us at (470) 467-2200 today. Let us explain what steps we can take on your behalf.

Attorney Matt Stoddard

Atlanta Personal Injury LawyerMatt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]

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