Are Motorcycle Riders Ever at Fault in a Motorcycle Crash?
It’s never easy to determine fault in any kind of motor vehicle crash. Nobody is ever going to admit that it was their fault. Not only would this be foolish, but it’s also against human nature. Nobody ever wants to say they’re the reason somebody else is hurt.
This is why it’s important that you always call the police after your motorcycle accident in Baton Rouge. The officer on the scene will conduct a thorough investigation. They’ll review the damage to the cars and the road conditions. They’ll take pictures of the scene and try to figure out exactly what happened.
There are times when the cops aren’t able to determine exactly who was at fault. And, it’s very rare that one person is 100% responsible for an accident. Nobody is perfect. Even if someone else caused the crash, that doesn’t mean you responded in the appropriate manner.
Most motorcycle accidents involve another vehicle. Typically, the other driver is in a car or a truck. Since most car drivers have a bias against motorcycle riders, it’s easy to try to blame the motorcycle rider for the crash. And, sometimes. It may be.
Your motorcycle accident lawyer in Baton Rouge will help determine who was at fault. They’ll also work hard to get you the compensation you deserve.
What is the Bias Against Motorcycle Riders?
A lot of car and truck drivers don’t like to share the road with motorcycles. They’re hard to see and they tend to sneak up on you. A lot of drivers complain that motorcycle riders drive too fast and like to weave in and out of traffic.
While this may be the case, it doesn’t mean they deserve to be hit by a car or a truck. It is harder to see motorcycles. They’re smaller than other cars. And, since they can maneuver into smaller places, they do sometimes weave in and out of traffic.
This is why we see law enforcement host special campaigns to remind people about motorcycle safety. It’s important that drivers keep an eye out for motorcycles. If not, they can get into a very serious accident.
Even if some of these things are true about motorcycle riders, that doesn’t mean they’re always responsible for a crash. There are all sorts of causes for these accidents. The car driver is just as likely to be at fault as the motorcycle rider.
Main Causes of Motorcycle Accidents
There are all sorts of things that can cause a motorcycle accident. It’s really no different from any other kind of accident. Your Baton Rouge injury lawyer will have to prove that the other driver was at fault.
This usually means determining exactly what caused the crash. Some of these causes may include:
- A car or truck doesn’t yield the right of way to the motorcycle rider –Part of the reason this happens is that car drivers simply don’t look out for riders the way they should.
- Distracted driving – People drive distracted all the time. Either they’re texting or talking on their phone. Some drivers get caught up looking at their handheld devices and don’t pay attention to the road ahead of them.
- Road conditions – A little rain or snow can make the roads very slick. Motorcycles don’t have a lot of traction in bad weather.
- Mechanical failure – If a motorcycle has a tire blowout or a brake issue, they’re very liable to crash into another vehicle.
Your attorney will have to demonstrate that the other driver was negligent. In order to do this, they have to prove the following:
- The other driver had a duty of care – All drivers owe other people on the road a duty of care. At a minimum, this means they have to obey all traffic laws. Drivers also have to be mindful of other riders on the road, including motorcycle riders.
- They breached this duty – If the defendant violated any traffic law, they can be held liable for breach. The main excuse given for motorcycle accidents is that the other driver “didn’t see” the motorcycle. Your lawyer can prove that they didn’t pay enough attention to the road.
- You were injured – If you go to the hospital, it’s easy to prove your injuries. The problem is, a lot of riders refuse medical treatment at the scene.
- Your injuries were caused by the other driver – Your attorney must prove that your injures were actually caused by the accident.
Contact an Experienced Trial Lawyer in Baton Rouge Today
If you’ve been injured in a motorcycle crash, you need to call and speak with an experienced Baton Rouge trial lawyer. Call today and schedule your free initial consultation with Babcock Trial Lawyers. And remember – you pay nothing until you settle your case.