Determining Fault in a Motorcycle Accident: A Legal Overview

Motorcycle accidents often lead to serious injuries or fatalities, and determining fault is critical for establishing liability and recovering damages. Unlike car accidents, motorcycle crashes may involve unique dynamics such as visibility issues, road hazards, and rider conduct, all of which play a role in the legal assessment of fault.  Thje team at The Sellers Firm understands this all too well and we are ready to help you. 

1. Understanding Fault in Legal Terms

Fault in a motorcycle accident typically refers to legal responsibility for causing the crash. This determination affects whether an injured party can recover compensation and to what extent. Fault can be based on:

• Negligence: The most common basis, which involves a failure to exercise reasonable care. For example, a driver making a left turn in front of an oncoming motorcycle may be deemed negligent.
• Recklessness or Intentional Misconduct: More serious behavior, such as road rage or racing.
• Violation of Traffic Laws: Fault is often easier to prove when a traffic law was broken, such as running a red light.

2. Evidence Used to Determine Fault

To establish liability, the following types of evidence are typically reviewed:

• Police reports
• Eyewitness accounts
• Traffic camera or dashcam footage
• Accident scene photos
• Expert accident reconstruction

3. Common Scenarios and Fault Attribution

• Left-Turn Accidents: Often the turning vehicle (usually a car) is found at fault for failing to yield to the motorcycle.
• Lane Splitting: In states where lane splitting is legal (e.g., California), fault depends on whether the rider did so safely and lawfully.
• Rear-End Collisions: The rear driver is usually presumed at fault, but sudden stops by the motorcyclist may be considered.
• Dooring Accidents: When a car door opens into a motorcyclist’s path, the person opening the door is usually at fault.

4. Comparative and Contributory Negligence

Laws vary by state regarding shared fault:

• Pure Comparative Negligence: Damages are reduced based on the rider’s percentage of fault (e.g., if 20% at fault, recovery is reduced by 20%).
• Modified Comparative Negligence: Recovery is barred if the rider is 50% or 51% at fault, depending on the state.
• Contributory Negligence: In a few states, any fault by the motorcyclist can bar recovery entirely. Alabama is a contributory negligence state. 

5. Insurance Implications

Fault impacts insurance claims. In at-fault states, the liable party’s insurer pays damages. In no-fault states, each party may rely on their own insurer for initial compensation, although serious injury thresholds can permit lawsuits.

Conclusion

Determining fault in a motorcycle accident is a fact-specific process that involves careful legal analysis. Motorcyclists should be aware of their rights and duties, and after an accident, promptly gather evidence and consider consulting with a personal injury attorney experienced in motorcycle law. If you have been injured in a motorcycle accident, call The Sellers Law Firm so that we can start our investigation immediately.  We have offices located in Montgomery, Selma, Greenville, and Troy. We ride so we understand the pain and suffering that you are enduring after a wreck.  All consultations are free and we can usually meet with you within 24 hours.  Call or text us at 334-LAWYERS (529-9377) and set an appointment to see one of our experienced attorneys.  You may also use the Contact Form on our website or you may email us today at bsellers@sellerslawfirm.com.  Remember that doing nothing changes nothing!