After the Crash: Determining Fault in Motorcycle Accidents

A motorcycle accident can lead to devastating and costly injuries. A motorcycle is lightweight and offers little driver protection, so injuries can be severe. Because of this it is important to understand what happens after a Redlands motorcycle accident and how fault is determined.

Who’s to Blame for a Motorcycle Accident?

The liability for a motorcycle accident will determine how much the injured party is compensated – and if they are compensated at all. Determining who caused the accident is a key issue when it comes to motorcycle injuries; if you’ve been injured on your bike, the other party may try to make you responsible for some or all of your injuries.

The details surrounding the crash and even where you live will impact the outcome of your motorcycle case. It is important to understand the rules of the state your accident occurred in; if your motorcycle accident was in California please see below.

Determining Motorcycle Accident Liability in California

Did you contribute to your accident? The opposing side or insurance company will definitely try to show how your actions led to the accident. They will be doing this because the person with the most liability ends up being held responsible for an accident. Liability often plays a large role in determining compensation in motorcycle accident cases.

California looks at liability from both parties and each driver is assigned a portion or percentage of the blame; because of this, California is considered a comparative liability state. Liability is determined by looking at the accident and considering the following factors:

  • If both parties were following all traffic laws
  • Weather and other conditions that neither party can control
  • Negligence, including texting while driving, distracted driving and even road rage

When these factors are considered, one party is generally assigned more blame than the other. If you are found to be partially responsible through your own actions for your accident, your settlement could be reduced by the percentage amount of your liability. 

Since motorcycle accidents can be severe, the amount of damages is often very high. With these high stakes the best way to determine what happens next or to protect your rights is to work with an attorney from the start. Your motorcycle lawyer can ensure your side of the story is heard and you are treated fairly as liability is determined, If you’ve been in an accident, don’t delay; get someone on your side right away. We’re here to make sure you get the best possible outcome for your case.

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