After the shock and immediately pressing concerns that are inherent to any serious accident have faded, one of the biggest questions is often: “Who should be–or can be–held responsible for this accident?” This will, of course, depend heavily on the specific details of the accident. However there are many people who can be liable for a motorcycle accident that resulted in serious injury or death.
- Other Vehicle Drivers. Studies by the National Highway Safety Administration (NHTSA) have found that in accidents occurring between motorcyclists and cars, the motorcyclist was either not at fault or less at fault than the other driver 80 percent of the time. So, statistically speaking, the driver of a motor vehicle could very well be at fault.
- Product Manufacturers. Investigate to see if other motorcyclists have had similar issues with parts or quirks in their bike. It’s possible that the product manufacturer permitted a defective piece to be produced, which may have contributed to your accident.
- State or County Government. Potholes and cracks in the road can be more dangerous for motorcycles than other motor vehicles. If local authorities neglected to maintain roads with known issues, those entities may be liable for your accident.
- Private Property Owners. Injured while driving on a privately owned road? The owners may be considered partially responsible for your accident if the way was not properly maintained.
- Repair Shops. Negligent auto shops can forget to tighten screws or leave out parts entirely after a repair, which could have contributed to the events of your accident.
Any person or entity that contributed in any way–directly or indirectly–to the accident may be fully or partially liable for the injuries you sustained. Talk with a motorycycle accident attorney
Many motorcycle accident cases, particularly those that result in serious injury or death, require the assessment of accident reconstruction experts and human factors experts. These are professionals who do exactly as their names suggest: carefully review the accident by repeating the events that played out, and evaluating how each participant could have impacted the accident.
It is especially useful here for the plaintiff to find experts who specialize in motorcycles and motorcycle accidents specifically. Many aspects of accidents involving motorcycles are unique, containing details that a generalist will not be able to fully appreciate. This is, of course, another reason to retain an attorney who specializes in motorcycle accident law–or who is even a rider himself.
Determining liability won’t reverse the damages of your motorcycle accident, but it can help you get the compensation and support that you will definitely need. Contact the specialized Simon Law Group Office for more information on how our experienced accident attorneys can help you with your claim.