Who Is at Fault in Most Motorcycle Accidents?

Motorcycle accidents are overrepresented in the number of fatalities and injury accidents on U.S. roadways. Society is often quick to blame the motorcyclist, assuming that all motorcyclists are adrenaline junkies who ride too fast. In actuality, the most common source of liability in motorcycle accidents is the drivers of motor vehicles.

If a negligent driver injured you in a motorcycle accident, you need an attorney who will overcome negative motorcyclist stereotypes to fight for the compensation you deserve. An experienced lawyer can help you understand the process of seeking compensation for the expenses and impacts of your injury and can provide services to assist you with your claim.

The Biggest Risk to Motorcyclists: Drivers of Cars and Trucks

Each year in the U.S., accidents kill around 5,000 motorcyclists and injure more than 80,000. Due to the lack of protective features afforded to the riders of motorcycles, such as a steel frame, seat belts, and airbags, the injuries suffered by motorcyclists in these accidents tend to be severe. Motorcyclists are about 29 times more likely than the occupants of other vehicles to be killed in an accident and four times more likely to be injured.

A Florida Department of Transportation study used ten years of data compiled by the University of South Florida’s Urban Transportation Center. It faulted the other driver for 60 percent of crashes involving motorcycles.

Reasons Why Drivers Have Accidents with Motorcyclists

There are many reasons why other motorists cause accidents with motorcyclists. Here is a look at some of the most common ones.

#1. Distracted Driving

Distracted driving has bloomed into one of the biggest causes of all types of motor vehicle accidents as people increasingly become more occupied by their cell phones, GPS systems, and other technology.

Driver distractions are responsible for about 90,000 motor vehicle accidents a year and involve anything that:

• Takes the driver’s hands from the wheel
• Draws the drivers eyes from watching the road
• Averts the driver’s mind from the task of safe driving

Texting is particularly dangerous, as it involves all three distractions. In fact, in the time it takes to read or reply to a text when driving at 55 miles per hour, a driver will have traveled the length of a football field with both hands off the wheel, without watching the road, and without thinking about driving. That’s a lot of time and space for a driver to miss the presence of a vulnerable road user, such as a motorcyclist.

#2. Left-Turning Drivers

One of the greatest risks a motorcyclist faces is a left-turning driver. Left turns involving green lights, but not green arrows, require the driver to yield the right-of-way to vehicles traveling straight through the intersection and judge when there is a large enough gap in traffic to enter the intersection and complete the turn. Often, a left-turning driver will fail to see an approaching motorcyclist and will enter the intersection in their path, either striking the side of the motorcycle or colliding with the motorcycle.

#3. Inattentional Blindness

“I didn’t even see him.”

This is a phrase often said by drivers of passenger cars or trucks after they get into an accident with a motorcycle. As it turns out, studies indicate that these drivers are likely telling the truth. Inattentional blindness refers to the way our brains process highly chaotic environments, such as a busy intersection, by prioritizing the largest threats such as the presence of city buses or semi-trucks while failing to notice smaller threats, such as motorcycles or pedestrians. This is true even when the driver is looking for oncoming traffic to make a turn.

An Australian study on inattentional blindness asked 56 adults to examine photographs of routine driving situations from a driver’s perspective. It asked the participants to identify if the situation was safe or unsafe. In the final image, researchers manipulated the photo to include an unexpected object either a motorcycle or a taxi; 65 percent of participants failed to notice the motorcycle and 31 percent of participants failed to notice the taxi.

#4. Speeding

Speeding is another major source of injury and fatal accidents in the U.S., including accidents involving motorcycles.

Driving too fast for conditions:

• Decreases the time the driver has to see an obstacle such as a motorcycle in its path and brake.
• Increases the distance the vehicle needs to come to a safe stop. Stopping a vehicle is a process that ultimately involves how well the brakes have to work to slow the vehicle until it is no longer moving. The heavier the vehicle is and the faster it moves when braking, the farther it will travel before stopping.
• Increases the severity of the crash, due to increased force resulting from the speed it was traveling.
• Decreases the ability of motorcyclists and other roadway users to safely judge a gap in traffic when attempting to turn or pass through an intersection.

#5. Alcohol Impairment

Alcohol-impaired driving kills about 28 people every day in the U.S., and around half of all motorcycle accidents involve either an intoxicated driver or an intoxicated rider.

Alcohol impairment creates deficits in the skills needed for safe driving, such as:

• The ability to multitask
• The ability to control one’s speed or maintain a single lane of travel
• The ability to track moving targets, such as a motorcycle approaching an intersection
• The ability to brake or effectively respond in emergency driving situations
• The ability to make good decisions

#6. Dooring

Dooring refers to when an occupant of a parked vehicle opens the door into the path of an oncoming motorcycle. This generally causes the motorcyclist to either collide with the door or swerve into another lane to miss it.

#7. Aggressive Driving

Aggressive driving is a series of risky driving behaviors that drivers often employ to escape congested areas of the roadway.

These behaviors include:

• Speeding
• Improper lane changes
• Red-light running
• Tailgating
• Cutting in front of other drivers
• Blocking drivers as they are attempting to change lanes
• “Brake checking” other drivers

Each risky driving behavior poses extreme risks to motorcyclists, as their vehicles are less stable and their bodies relatively unprotected from impact.

Seeking Compensation After a Motorcycle Accident

Like any other roadway user injured by a careless or reckless driver, motorcyclists can seek compensation. This process involves first seeking payment for the claim from the at-fault party’s insurance provider. If the insurance provider fails to pay the value of the claim or offers a settlement that the claimant refuses, the plaintiff can file the claim in civil court.

#1. Proving Liability

To have a successful outcome to your claim by either a settlement agreement or litigation, you must be able to prove that someone else was liable for causing the accident that resulted in your injury.

To prove liability, you must be able to show the following:

• The driver owed you a duty of care, which refers to the reasonable actions taken in a given circumstance to protect the safety and property of others. Drivers owe motorcyclists and other roadway users a duty to drive their vehicles safely and legally.
• A breach in the duty of care occurred because the driver took actions that failed to protect the safety and property of others.
• This breach resulted in a motorcycle accident that injured you.

#2. The Compensation You Can Receive

Through the personal injury claims process, you can recover both economic damages which involve compensation for the expenses of your injuries as well as non-economic damages, which involve compensation for the impacts to your quality of life that you suffered as a result of being injured.

Types of expenses and impacts that individuals commonly seek compensation for after a motorcycle accident include:

• Wage loss for the time you missed from work due to your injury.
• Loss of future earning capacity if your injury has resulted in permanent disabilities that will prevent you from earning what you did before the accident.
• Property damage you sustained in the accident, such as damage to your motorcycle, helmet, or other gear.
• Medical expenses, such as ambulance transport, emergency room services, diagnostic testing, hospitalization, the services of surgeons and physicians, prescription medication, physical therapy, rehabilitation, the provision of assistive devices such as a wheelchair, prosthetic limbs, long-term care, and more.
• Physical pain and suffering.
• Emotional distress.
• Loss of the enjoyment of life.

#3. Can You Still Receive Compensation if You Didn’t Wear a Helmet?

It depends on the state helmet laws where the accident occurred. For example, in Florida, riders and their passengers under 21 must wear a helmet. Riders over 21 must either wear a helmet or have an insurance policy to cover injuries. If you are under 21 and injured in an accident in which you were not wearing a helmet, you can still seek compensation from at-fault parties for the expenses and impact of your injury.

If you are over 21 and not wearing a helmet, you can seek compensation for expenses rising above your insurance policy’s limits.

#4. Is Compensation Available for Family Members of Motorcyclists Killed in Accidents?

Yes, family members can generally seek compensation for the expenses and impacts related to their loss through a wrongful death lawsuit. Seeking compensation for a wrongful death often involves making a demand to the at-fault party’s insurance provider and if the provider refuses to pay the claim or make a reasonable settlement offer you can file the case in civil court.

The types of expenses and impacts that family members can recover through a wrongful death claim include:

• Medical expenses for the treatment of the deceased’s final injuries.
• Reasonable costs of funeral services and burial or cremation.
• Loss of love, companionship, nurturing, and guidance the deceased provided to family members.
• Loss of services and support that family members received from the deceased.
• Loss of earnings, benefits, and other income the deceased would have earned if they had lived.

Motorcycle Accident? Get Help Today

An experienced legal team is your best recourse after a motorcycle accident. The legal process is confusing and lengthy and will require time and resources that most individuals do not possess. Your lawyer can help you understand the process of obtaining compensation and advocate on your behalf so you can focus on the important task of recovery. Call a motorcycle accident lawyer near you now for your free case evaluation.