How Is Fault Determined in a Motorcycle Accident?

In an ordinary motor vehicle accident, it isn’t that hard to determine fault. For example, if you’re involved in a rear-end accident, the presumption is that the rear driver was at fault. The same is true in a head-on collision. Whoever was driving down the road in the wrong direction will be held liable. But how does one determine fault in a motorcycle accident? It would be easy to say fault is determined the same way in a motorcycle accident as it is any other crash. Unfortunately, this isn’t the case. A Baltimore motorcycle accident attorney knows that there is a stigma against motorcycle riders. People like to point the finger at the motorcycle rider when it comes to determining fault. 

Here, we’ll talk about how fault is determined in a motorcycle accident. We’ll also discuss the unfair assumptions made about people who ride motorcycles. Finally, we’ll explain what happens if you’re found to be partially at fault for your crash. If you still have questions about your own accident case after reading this brief article, that’s okay. All you have to do is call our office and schedule your free, initial consultation.

What Are the Assumptions People Make About Motorcycle Riders?

Most people who drive cars and SUVs do not like having to share the road with motorcycles. They complain that motorcycle riders drive way too fast. They say that they weave in and out of traffic and have no respect for other people on the road. And, while this may be true for some motorcycle riders, that doesn’t mean it’s true for all of them.

Unfortunately, a few bad apples do ruin the whole bunch when it comes to negligence law. Like it or not, you’re going to work harder to prove that the other driver was at fault. The good news is that your motorcycle accident attorney in Baltimore is well aware of this. They know how people see you. They know that they’ll be fighting an uphill battle. But that doesn’t intimidate them. They’ve handled plenty of motorcycle accident cases in the past. They’ll work hard to make sure you get the compensation you deserve – regardless of how the other driver feels about motorcycles.

Your Motorcycle Accident Lawyer Still Needs to Prove Negligence

In order to collect damages in your case, your personal injury attorney in Baltimore, Maryland is going to have to prove negligence. This is the case in almost all personal injury cases. In order to do this, you’ll have to show the following four things:

  • The other driver owed you a duty of care – This shouldn’t be hard to prove. All drivers owe a certain duty of care to other motorists. At a minimum, they need to obey the local traffic laws. If they fail to do this, they’ll be considered in breach of this duty.
  • The defendant breached this duty – In a motorcycle accident case, this is the hardest part of your case to prove. You have to overcome the unfair stereotypes about motorcycle riders. Your attorney will have to submit evidence to show that the defendant was in the wrong. They can do this using dashcam video, witness statements, and the police report. They can also use your own statement about what happened.
  • You were hurt – Just because you were involved in an accident, that doesn’t automatically entitle you to damages. You need to prove that you suffered a loss. This could be a financial loss, physical injury, or psychological injury. 
  • You must show that your injuries were caused by the crash – It’s important that you be able to show that your injuries were directly caused by the crash. The best way to do this is by submitting a copy of your medical records. 

If you’re able to prove all four elements, then you’ll have a good chance of winning your case. 

Baltimore motorcycle accident lawyer

What Damages Will You Receive if You Prevail in Court?

If you do prove negligence, there’s a good chance you’ll be entitled to damages. Since every case is different, there’s no way to predict exactly what types of damages you can collect. However, in most motorcycle accident cases, the plaintiffs include a demand for the following:

  • Medical bills – You’re entitled to be compensated for any medical bills you received. This includes your hospital bills, copays, and prescription costs. You’re also entitled to compensation for any future medical care you’ll need. You can have your doctor testify to what care you’ll need, and your Baltimore motorcycle accident attorney can estimate how much the costs of this treatment will be.
  • Lost wages – if you miss more than week or two from work, you’ll be entitled to damages for lost wages. You can submit copies of your timesheets, payroll records, and tax returns to show how much your loss was.
  • Lost future income – If you aren’t able to do the same kind of work you did before the accident, you should be compensated for that. Your lawyer will demand the difference between what you would’ve earned had the accident never happened and the income you’ll actually earn on disability. 
  • Property damage – There’s a good chance your bike was destroyed in the crash. You can demand reimbursement for this.
  • Pain and suffering – You’re entitled to any physical and mental anguish you experienced as a result of your motorcycle accident.

Meet with an Experienced Personal Injury Attorney in Baltimore, Maryland Today

Most people who have been involved in a motorcycle accident suffer very serious injuries. If you aren’t able to reach out to us on your own, you can always have a friend or family member call us on your behalf. Once we get your permission to speak to them, there’s no reason why you should have to wait to get started on your case.

Our personal injury attorneys in Baltimore, Maryland understand that your main focus should be on getting well. The last thing you need to do is worry about fighting with the insurance company. You should focus on getting better while we handle the legal side of things.

We recommend that you contact one of our Baltimore motorcycle accident lawyers as soon as possible after your crash. Every day counts when it comes to getting you the compensation you deserve. You don’t want to let the other driver give the insurance company their side of the story first. They’ll claim that you were speeding or swerving in and out of your lane. That’s the way most people describe all motorcycle accidents. It’s best if you let us contact the insurance company right away with your version of what happened.

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