Riding a motorcycle can instantly fuel your adrenaline rush, but motorcycling can also be dangerous if you neglect the safety precautions. According to 2023 data from the National Highway Traffic Safety Administration, motorcyclists were 28 times more likely to die than a car passenger if they face an accident.
In most cases, the larger vehicle gets the blame when it collides with a smaller vehicle like a motorcycle, since the latter suffers more serious injuries. Determining who is at fault will give you a better context for the legal responsibilities you might face or if you are entitled to compensation.
Is it the car driver’s fault when it crashes with a motorcycle?
In motorcycle-car crashes, most investigations rule that it’s the car driver’s fault because they often miss motorcycles, particularly when improperly turning left at intersections or entering lanes. This may happen due to distracted driving, which has caused 3,275 deaths in 2023, according to the National Highway Traffic Safety Administration.
However, identifying who is at fault varies by circumstances and depends on the result of the investigation. Liability will not be clear until the results of the investigations are available. Hence, a motorcycle-car accident is not automatically the car driver’s fault.
What factors do courts consider when determining fault in a motorcycle-car crash?
Courts will consider these factors to identify who is at fault, starting with their evaluation of the incident’s circumstances:
- Statements from witnesses
- Evidence from dash cams
- Damage patterns on both vehicles
- Traffic law violations
- Right of way
- Speed
- Driver and rider’s behavior and actions
- Reports from law enforcement
In a nutshell, you can’t automatically shift the blame to the car driver just because you have worse injuries.
What to know about fault in motorcycle-car accident
Each case of a vehicle accident deserves a profound review of the evidence and data gathered. Car drivers are not always at fault when they collide with motorcyclists. There are multifaceted reasons and factors to look at in every car crash. While it is important to note that being attentive is key to safety, it would also help to understand how motor vehicle accident law works. This knowledge helps you safeguard your rights and prevent unfair judgment as the case proceeds.