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02/26/2024

Debunking The Idea That Bikers Are Always The Cause of Accidents On The Road

- The Pollard Firm, APC

Are Motorcyclists Always at Fault?

Whether earned or not, motorcycle drivers have a reputation for being the cause of any accidents that are involved with. So what’s the deal with motorcycles and do they really cause that many accidents?

More than likely, car and truck drivers’ lack of knowledge and comfort with driving with bikers leads to more accidents than motorcycle drivers actually do. Because motorcycles drive, idle, and change lanes differently than other vehicles, sharing the road with motorcycles is not necessarily intuitive. 

Motorcycle Stigmas 

One of the reasons that this belief is so widespread is because of the stigma associated with driving a motorcycle. Motorcycle drivers are widely considered to be irresponsible, reckless drivers regardless of their actual driving habits. 

The mistrust that many car and truck drivers treat bikers with on the road can lead to a hostile driving environment and increase the likelihood of accidents. Does this mean that the driver of the motorcycle is inherently responsible for every accident they are involved in? No, it does not. 

Determining Liability Between A Car And A Motorcycle After An Accident

Determining liability between a car and a motorcycle after an accident can be complex and requires careful examination of the circumstances surrounding the collision. Several factors must be taken into consideration in determining who is at fault including:

  • The actions of each driver
  • Road conditions
  • Applicable traffic laws 

In many cases, liability may be shared between the car and motorcycle drivers if both parties contributed to the accident in some way. For example, if a car driver failed to yield the right of way to a motorcycle, but the motorcycle was speeding at the time of the collision, liability may be apportioned based on the degree of fault attributed to each party.

The Importance of Evidence When Contesting Fault

Sometimes an accident can be deemed the fault of the wrong person. That’s why it is essential that all possible evidence is collected at the time of the accident. These pieces of evidence,  such as witness statements, skid marks, and damage to the vehicles involved, can be used to contest an insurance decision if they decide to deny your claim. 

Ultimately, determining liability between a car and motorcycle after an accident requires a thorough investigation and consideration of all relevant factors to ensure that the responsible party is held accountable for their actions, and that the injured party receives the compensation they deserve.

Most Common Causes of Motorcycle Accidents

Motorcycle accidents pose significant risks to riders due to their increased vulnerability on the road. While all accidents are not caused by motorcyclists’ negligence, it is crucial to understanding what does cause the most common causes of these accidents.

Driver Inattention

More often than not, motorcycle and car collisions are caused by drivers failing to notice motorcycles in their blind spots or during lane changes. Distractions such as texting, eating, or adjusting the radio can exacerbate this issue.

Left-Turn Collisions

One of the most common types of accidents occurs when a vehicle makes a left turn in front of an oncoming motorcycle. This often happens at intersections, where the driver fails to see the motorcycle or misjudges its speed.

Speeding and Reckless Riding

Speeding and reckless riding increase the likelihood of accidents. Motorcycles have a high power-to-weight ratio, making them more susceptible to loss of control at high speeds. It can be difficult for car drivers to determine the speed at which a motorcycle is approaching      

Understanding Partial Fault in California

Partial fault, also known as comparative negligence, plays a crucial role in determining liability in motorcycle accidents. Unlike some states which follow a strict contributory negligence rule, California operates under a comparative negligence system, where each party involved in an accident can be assigned a percentage of fault based on their actions leading up to the collision. 

This means that even if a motorcyclist is partially responsible for an accident, they may still be entitled to recover damages, although the amount awarded may be reduced in proportion to their degree of fault.

What Does This Mean For Motorcyclists?

Motorcyclists often face unique challenges on the road, including reduced visibility, smaller vehicle size, and less protection in the event of a crash. As a result, they may be unfairly blamed for accidents even when other drivers are primarily at fault. Understanding the nuances of California's partial fault laws is essential for motorcyclists involved in accidents, as it can affect their ability to seek compensation for injuries and property damage. 

Working with an experienced attorney who specializes in motorcycle accidents can help ensure that motorcyclists are not unfairly penalized and receive the maximum compensation they deserve, even in cases where partial fault is assigned.

How to Defend Yourself if you are Wrongfully Accused of Causing an Accident

In many cases, fault is difficult to determine and can be subjective. If you find yourself wrongfully accused of causing an accident, it's essential to take immediate action to defend yourself and protect your rights. 

First and foremost, it is crucial that you gather as much evidence as possible to support your version of events. This may include taking photographs of the accident scene, obtaining contact information from witnesses, and requesting a copy of the police report. 

Avoid admitting fault or making statements that could be misconstrued as an admission of guilt both in passing and on your official police report. Instead, remain calm and composed, and let your attorney handle communication with insurance companies and other involved parties.
At Pollard Law Firm, we understand the complexities of personal injury cases and the challenges of defending against wrongful accusations. Our team of experienced attorneys is dedicated to providing aggressive representation to individuals facing unjust allegations of causing an accident. If you've been wrongfully accused, don't hesitate to contact us for a FREE consultation.

Are Motorcyclists Always at Fault?

Whether earned or not, motorcycle drivers have a reputation for being the cause of any accidents that are involved with. So what’s the deal with motorcycles and do they really cause that many accidents?

More than likely, car and truck drivers’ lack of knowledge and comfort with driving with bikers leads to more accidents than motorcycle drivers actually do. Because motorcycles drive, idle, and change lanes differently than other vehicles, sharing the road with motorcycles is not necessarily intuitive. 

Motorcycle Stigmas 

One of the reasons that this belief is so widespread is because of the stigma associated with driving a motorcycle. Motorcycle drivers are widely considered to be irresponsible, reckless drivers regardless of their actual driving habits. 

The mistrust that many car and truck drivers treat bikers with on the road can lead to a hostile driving environment and increase the likelihood of accidents. Does this mean that the driver of the motorcycle is inherently responsible for every accident they are involved in? No, it does not. 

Determining Liability Between A Car And A Motorcycle After An Accident

Determining liability between a car and a motorcycle after an accident can be complex and requires careful examination of the circumstances surrounding the collision. Several factors must be taken into consideration in determining who is at fault including:

  • The actions of each driver
  • Road conditions
  • Applicable traffic laws 

In many cases, liability may be shared between the car and motorcycle drivers if both parties contributed to the accident in some way. For example, if a car driver failed to yield the right of way to a motorcycle, but the motorcycle was speeding at the time of the collision, liability may be apportioned based on the degree of fault attributed to each party.

The Importance of Evidence When Contesting Fault

Sometimes an accident can be deemed the fault of the wrong person. That’s why it is essential that all possible evidence is collected at the time of the accident. These pieces of evidence,  such as witness statements, skid marks, and damage to the vehicles involved, can be used to contest an insurance decision if they decide to deny your claim. 

Ultimately, determining liability between a car and motorcycle after an accident requires a thorough investigation and consideration of all relevant factors to ensure that the responsible party is held accountable for their actions, and that the injured party receives the compensation they deserve.

Most Common Causes of Motorcycle Accidents

Motorcycle accidents pose significant risks to riders due to their increased vulnerability on the road. While all accidents are not caused by motorcyclists’ negligence, it is crucial to understanding what does cause the most common causes of these accidents.

Driver Inattention

More often than not, motorcycle and car collisions are caused by drivers failing to notice motorcycles in their blind spots or during lane changes. Distractions such as texting, eating, or adjusting the radio can exacerbate this issue.

Left-Turn Collisions

One of the most common types of accidents occurs when a vehicle makes a left turn in front of an oncoming motorcycle. This often happens at intersections, where the driver fails to see the motorcycle or misjudges its speed.

Speeding and Reckless Riding

Speeding and reckless riding increase the likelihood of accidents. Motorcycles have a high power-to-weight ratio, making them more susceptible to loss of control at high speeds. It can be difficult for car drivers to determine the speed at which a motorcycle is approaching      

Understanding Partial Fault in California

Partial fault, also known as comparative negligence, plays a crucial role in determining liability in motorcycle accidents. Unlike some states which follow a strict contributory negligence rule, California operates under a comparative negligence system, where each party involved in an accident can be assigned a percentage of fault based on their actions leading up to the collision. 

This means that even if a motorcyclist is partially responsible for an accident, they may still be entitled to recover damages, although the amount awarded may be reduced in proportion to their degree of fault.

What Does This Mean For Motorcyclists?

Motorcyclists often face unique challenges on the road, including reduced visibility, smaller vehicle size, and less protection in the event of a crash. As a result, they may be unfairly blamed for accidents even when other drivers are primarily at fault. Understanding the nuances of California's partial fault laws is essential for motorcyclists involved in accidents, as it can affect their ability to seek compensation for injuries and property damage. 

Working with an experienced attorney who specializes in motorcycle accidents can help ensure that motorcyclists are not unfairly penalized and receive the maximum compensation they deserve, even in cases where partial fault is assigned.

How to Defend Yourself if you are Wrongfully Accused of Causing an Accident

In many cases, fault is difficult to determine and can be subjective. If you find yourself wrongfully accused of causing an accident, it's essential to take immediate action to defend yourself and protect your rights. 

First and foremost, it is crucial that you gather as much evidence as possible to support your version of events. This may include taking photographs of the accident scene, obtaining contact information from witnesses, and requesting a copy of the police report. 

Avoid admitting fault or making statements that could be misconstrued as an admission of guilt both in passing and on your official police report. Instead, remain calm and composed, and let your attorney handle communication with insurance companies and other involved parties.
At Pollard Law Firm, we understand the complexities of personal injury cases and the challenges of defending against wrongful accusations. Our team of experienced attorneys is dedicated to providing aggressive representation to individuals facing unjust allegations of causing an accident. If you've been wrongfully accused, don't hesitate to contact us for a FREE consultation.

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