The unfortunate reality is that motorcyclists face some stereotypes from police officers and insurance adjusters. They are sometimes viewed as risk-takers and thrill-seekers. You may be wondering: Are most motorcycle accidents the biker’s fault? Contrary to common misconceptions, the answer is “no.” In fact, it is the driver’s of full-sized passenger cars who are more likely to be at-fault for multi-vehicle collisions. In this article, our Atlanta motorcycle accident attorney provides a more detailed overview of the key things to know about fault in motorcycle crash claims.
Most Multi-Vehicle Motorcycle Accidents are NOT the Biker’s Fault
Although motorcyclists face some unfortunate stereotypes, the data is clear: Most multi-vehicle collisions involving motorcycles are not the fault of the rider. The most famous research on this issue is from the decades-old Hurt Report. Researchers found that it is drivers who are far more likely to be responsible for these types of crashes. Some of the leading reasons why include:
- Failure to Recognize: Of course, motorcycles are smaller and less visible when compared to full-sized cars. Too many drivers fail to take proper care to watch out for motorcycles. Many accidents occur because a driver simply does not see the motorcycle. It is often not due to any negligence on the part of the motorcyclist but rather a lack of awareness by the driver.
- Misjudgment of Speed and Distance: Drivers far too often misjudge a motorcycle’s speed and distance. Major crashes can happen because of this type of driver mistake. The misperception can result in drivers turning in front of motorcyclists at intersections. Indeed. Drivers making left turns in front of oncoming motorcycles can cause serious crashes
- Distracting Driving: Distracted driving is dangerous driving. With the rise of in-car entertainment and mobile devices, driver distraction is a significant (and still growing) highway problem. Motorcyclists are more vulnerable to accidents caused by distracted drivers, who may fail to notice them until it is too late.
- Driver Impairment: Drunk driving and drugged driving are factors in many motor vehicle wrecks, including those involving motorcycles. However, statistics show that motorcyclists are less likely to be impaired than drivers in multi-vehicle crashes.
Every Motorcycle Accident in Georgia Must Be Thoroughly Investigated
Motorcycle accidents can happen for a wide array of different reasons. You need to know exactly what went wrong and why it went wrong in your case. Indeed, given the complexities and misconceptions surrounding multi-vehicle motorcycle accidents, the importance of thorough investigations in Georgia cannot be overstated. A thorough investigation is critical to dispelling the biases and assumptions that often plague motorcyclists in the wake of an accident. An accurate and comprehensive investigation ensures that the true cause of the accident is identified. Your crash should always be investigated by a top-tier Georgia motorcycle accident attorney.
Two Key Points to Understand About Motorcycle Crash Liability in Georgia
It matters why a motorcycle accident happened. Every collision should be comprehensively investigated because the specifics of the case will impact your rights and your options, including the value of your case. Here are two of the most essential things that injured motorcyclists need to know about liability in Georgia:
- Liability for a Crash is Based on Fault: Georgia is an at-fault (tort) state for motor vehicle collisions, including motorcycle accident injury claims. In other words, liability for a motorcycle crash in Georgia will depend on exactly how and why the collision happened. If you can prove another driver caused your accident, you can hold them liable for your damages. Do not let yourself be unfairly blamed for a motorcycle wreck.
- Modified Comparative Fault State: Liability for a motorcycle crash is not always straightforward. Indeed, one party is not always solely at fault for a crash. It is possible for a motorcyclist and a driver (or another party) to share the blame for the same motorcycle collision. Under Georgia law (O.C.G.A. § 51-11-7), a modified comparative negligence standard is used for these claims. For example, imagine that you are a motorcyclist who sustained $20,000 in damages in a crash outside of Atlanta. You are found to be liable for 20 percent of the accident. You would be responsible for 20 percent of your own damages ($4,000). Every percentage point of fault matters in a Georgia motorcycle crash claim.
Contact Our Atlanta Motorcycle Accident Lawyer for a Free Case Review
At Lawbike Motorcycle Injury Lawyers, our Atlanta motorcycle accident attorneys go above and beyond to help injured riders secure the absolute maximum compensation. Have any questions about fault in motorcycle collision claims? We are here to help. Call us at 1-866-529-2453 or contact us directly online today for a no-cost, no-obligation case review. With law offices in Atlanta and Roswell, we fight for motorcycle accident victims throughout all of Georgia.