Many motorcycle accidents are caused by negligent passenger vehicle drivers who fail to see motorcyclists. But, the fault for your motorcycle accident depends on the state’s laws and evidence of negligence.
Negligence & Fault in Motorcycle Accidents
Your case must establish that the other party was negligent and their negligence caused your accident, making them at fault for your accident and liable for your injuries and losses.
Examples of Driver Negligence That Causes Motorcycle Accidents
Negligence means that someone failed to take reasonable care for the safety of others. Some examples of negligence that cause motorcycle accidents include:
- Careless driving: Failure to look for and see motorcyclists is a common cause of accidents between passenger vehicles and motorcycles.
- Drunk and drug-impaired driving: Drugs and alcohol dull the senses, slow reflexes, and impair decision-making abilities.
- Distracted driving: Distracted drivers are paying attention to things other than the road. Driving while texting, web browsing, reading, adjusting the radio or GPS, or eating can all fall under this category.
- Drowsy driving: Drowsy drivers may experience similar symptoms to drunk drivers, with impaired senses and reflexes. They may even nod off at the wheel.
- Aggressive driving: Aggressive driving behaviors, such as speeding, unsafe lane changes, tailgating, and running red lights, can cause motorcycle accidents.
Motorcycle Accidents Caused by Defective Parts
You may file a product liability lawsuit if the motorcycle accident is the result of a defect in the motorcycle. Liable parties in these cases may include the manufacturer, retailer, product designer, or distributor.
Comparative Negligence in Georgia Motorcycle Accident Cases
Under Official Code of Georgia Annotated (O.C.G.A.) §51-12-33, Georgia’s modified comparative negligence law prohibits you from recovering compensation if you are mostly at fault for an accident. If you are partially at fault, it could reduce your recoverable damages.
This is why it is important to prove fault and fight allegations that you contributed to your motorcycle accident.
For a free legal consultation, call 404-214-2001
Identifying the At-Fault and the Liable Party
In some cases, the person responsible for compensating you is different from the person who caused your injuries. For instance, if a truck hit you, the truck driver may have caused the crash, but the trucking company could be liable for paying for your losses.
Fault and liability can be complicated in any accident case. We can help you sort out these legal details so that you can focus on your recovery.
Call Kaine Law Today for a Free Consultation
If you or your loved one was harmed in a motorcycle accident, we can help you seek a financial recovery for your medical costs and other losses. If you lost a loved one to a motorcycle crash, we will help you seek compensation for the losses resulting from their passing.
Call us today at (404) 214-2001 for a free consultation about your case.