Motorcycle accidents can all too quickly lead to serious injuries, including traumatic head injuries or even death. Injuries resulting from bike crashescan be life-altering and lead to extremely high medical expenses, missed time from work, and property damage.
In regard to any type of auto accident, determining who is responsible for your injuries is a critical step. Liability will determine who is on the hook to pay for the medical bills, lost wages, property damage, and any additional expenses or damages.
What are the top causes of motorcycle accidents?
Not every motorcycle accident is the same. But many bike crashes have similar characteristics due to the careless acts of drivers of passenger vehicles. Some leading causes of motorcycle accidents include:
• Left turns by a car or truck
• Cars changing lanes
• Lane splitting
• Opening of a car door
• Distracted driving
• Failing to check blind spots
• Speeding
• Road hazards
• Riding while impaired
• Sudden stops
• Speeding
How to determine liability after a bike crash
To be successful for a motorcycle accident injury claim, you will need to show that the other driver was negligent. Proving negligence requires demonstrating proof of each individual element.
Duty of Care. Every driver on the road has a “duty” to other drivers. This includes following and obeying all traffic laws, but also to follow general rules of the road to drive or act safely. In a motorcycle accident context, the alleged at-fault motorist will be compared to what a “reasonable person” would do in the same situation. For example, all drivers have a duty not to speed or a duty to check their blind spots and signal before turning.
Breach of the Duty of Care. Next, after a rule or duty was established, you must show that the motorist breached the duty of care. This means they made a mistake while driving that put others in danger and was outside of the accepted rules of the road. Sometimes rules of the road weren’t broken but an accident occurred. This means that one driver did something outside of the accepted way of doing things. A seasoned motorcycle attorney will be able to evaluate the accident to determine who failed to follow the rules. It is possible that both motorists contributed to the accident and will be given percentages as to how much of it was their fault.
Causation. The driver alleging that they’re injured must be able to prove that the motorcycle accident was the actual cause of their injury This is why seeking medical treatment immediately after a motorcycle accident is so important. Going to the doctor will immediately create a record of the accident and the injuries suffered by the rider. This will be important in demonstrating to the insurance company the extent of the injury and property damage.
Damages. The rider must also be able to show they were damaged in some way. This can be through an injury like medical bills, missing time from work, property damage, or others. But if an accident occurred and didn’t result in injury or property damage, then no claim will exist. Just because an accident occurs, doesn’t mean it will be a “payday.”
Riders must be able to show through proof the cost of their medical bills, how much time they missed from work if the time off from work was justified based on the injury, and how much any repairs are.
Proving liability in a motorcycle accident can range from an insurance company not contesting their driver’s negligence in taking it to trial to deny coverage. Every accident is different and so many variables can come into play such as the time of day, weather, speed, witness accounts, etc.
If you’ve been in a motorcycle accident and are unsure about if the other driver was negligent, speak with a Sacramento bike crash attorney to help determine your options. We offer free case evaluations and will review your documents at no cost. We can be reached at
