Motorcycle accident lawsuit
Motorcycle Accident Lawsuit Guide (2023)
In 2019, approximately 84,000 motorcyclists were injured and 5,014 were killed in collisions, according to the National Highway Traffic Safety Administration (NHTSA). When a crash occurs, a motorcycle accident lawsuit can result if accident victims must go to court to obtain full compensation for the losses that occurred.
It’s important for motorcyclists and other drivers on the road to understanding who is responsible after a motorcycle accident and what types of issues arise in motorcycle accident lawsuits. This guide provides insight into the laws that apply after a crash occurs.
Every driver on the road has a duty of care to other motorists—including motorcycle riders. When a collision occurs, it’s important to determine if any motorist violated their duty of care by failing to obey the rules of the road or operating their vehicle in an unsafe manner.
If a driver fails to fulfill their legal responsibilities, they are considered negligent in the eyes of the law. In most states, a negligent driver must compensate accident victims for:
Medical costs
Lost wages
Pain and suffering
Emotional distress
Property damage
Insurance companies typically try to determine who is responsible for causing an accident. The insurance company of the at-fault driver will often offer a lump-sum payment to a crash victim to settle the case. If the insurers cannot agree on who was at fault or if the victim believes the compensation offer is too low, a motorcycle accident lawsuit can result.
Who's at Fault for a Motorcycle Accident?
Typically, one or more drivers involved in an accident are considered to be at fault. However, there are circumstances when a non-driver is to blame. This could include:
The manufacturer of a motorcycle if a defect in the motorcycle caused the accident to occur or resulted in worse injuries
The parties responsible for designing and maintaining roads if a defect in the roads caused the crash to occur
If the involved parties don’t agree on who is at fault and a motorcycle accident lawsuit results, a judge or jury will determine who is to blame and how much compensation is appropriate. When a case goes to court, it’s the victim’s responsibility to prove who is at fault.
Legal Grounds for Filing a Motorcycle Accident Lawsuit
A victim of a motorcycle accident has legal grounds for filing a claim for compensation if they can prove someone else was responsible for the crash that caused them harm. This can mean showing another driver:
Was speeding
Wasn’t paying attention to the road
Failed to yield the right-of-way
Was driving while intoxicated or distracted
Was driving recklessly
Failed to obey the rules of the road
NHTSA data indicates that one-third of multi-vehicle motorcycle crashes result from other drivers turning into the motorcycle’s path.
Whatever the circumstances, ultimately accident victims will be successful in a motorcycle accident lawsuit only if they have evidence showing that another motorist violated the duty of care and a crash occurred as a direct result of that failure.
Settlement Factors in a Motorcycle Accident Lawsuit
Although accident victims can file a motorcycle accident lawsuit, many cases settle outside of court.
A settlement occurs when an accident victim accepts an offer of compensation from an insurer and agrees not to pursue any additional claims in exchange for the payment. Many factors affect the amount of a settlement including:
The extent of the accident damage
The severity of any injuries
The policy limits of the responsible driver’s insurance
Whether the fault in the crash was clear
Whether the parties involved in the accident shared responsibility for the crash or one driver was completely to blame
In cases where both drivers were partly responsible, some states bar victims from pursuing a claim at all. These states have contributory negligence rules that prevent victims from obtaining compensation if they were even 1% responsible for a crash.
Other states have comparative negligence rules that allow accident victims to recover partial compensation even if they share fault. Depending on local rules, victims could pursue a claim if they’re up to 50% or 51% responsible for a crash in modified comparative negligence states. Or they could pursue a claim even if they were mostly responsible for the crash in pure comparative negligence states.
When comparative negligence applies, a victim’s damages are reduced based on their level of responsibility. A driver who was 10% responsible for the crash could, for example, receive compensation covering 90% of the losses.
Defenses in a Motorcycle Accident Case
While a motorcycle accident victim will need to try to prove liability in a motorcycle accident case, there are several defenses the other driver could raise to try to avoid being held accountable for losses.
Some examples include:
Disclaiming fault: The driver could try to argue that the motorcycle crash was the fault of the motorcycle rider.
Mitigated damages: The driver could try to argue that the motorcycle accident victim made the crash worse through his or her actions, and thus the driver shouldn’t be liable for all losses.
Statute of limitations: If too long has passed since the injury occurred, the driver could claim the statute of limitations has passed
It will be up to the victim to demonstrate who was to blame and to show the extent of loss to be successful in a motorcycle accident lawsuit.
Motorcycle Design or Manufacture Defects
In some cases, a motorcycle accident is not the fault of any driver but occurred because of the problem with the motorcycle itself. This could occur, for example, if the brakes were faulty or if some other issue with the motorcycle resulted in a collision occurring.
If motorcycle design or manufacturer defect was the cause of the crash, the accident victim would need to pursue a product liability claim to recover compensation. In this type of motorcycle accident lawsuit, the victim must prove harm occurred when using the product as intended. Negligence isn’t required for manufacturers to be liable when products malfunction.
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