Liability in Motorcycle Accidents

LA, US, 14th May 2022, ZEXPRWIRE, There is a perceived notion that motorcycles are inherently dangerous vehicles and that many motorcycle drivers act irresponsibly on the road. Because of this notion, it is easy for motorists to blame any accident involving a motorcycle on its driver.  However, there are many reasons why a motorcycle accident may occur which does not leave the rider at fault. Depending on the facts of the case, the responsibility may be on the other party or a completely different entity. It is essential to understand liability in motorcycle accidents and if you could be at fault.

Design Faults in Roads

Roads are typically designed for the convenience of cars, increasing the chances for motorcyclists to find themselves in dangerous situations. Design faults can include intersections where the motorcyclist cannot view the area properly and crash into another vehicle. It is easy for a car or truck driver to blame the motorcyclist for being irresponsible and negligent. A case could be made to place blame on the authorities who constructed the road.

Careless Drivers

In addition, numerous situations put the car driver entirely at fault. These can include reckless driving, texting and driving, driving under the influence of alcohol and drugs, and more. Car drivers may not follow traffic rules to a T and instead cut corners. If a negligent car driver puts a motorcyclist at risk of an accident, it is unfair to blame a motorcyclist entirely. Yet, trends indicate that motorcyclists may be blamed for their fault.

Faulty Parts

Faulty motorcycle parts are never a fault of the rider themselves, rather the fault of the manufacturing company. These companies may unknowingly install defective parts, preventing the rider from braking or driving smoothly. These defects can have drastic consequences and have been the cause of many motorcycle accidents in America. Suppose the cause of an accident was a defective product. In that case, a cause of action is available to compel the manufacturer of the bike to take responsibility for their mistake. A motorcyclist should not be blamed for a defect they were unaware of.

Compensation

After a legal team has ensured that the motorcycle driver is not at fault in an accident, the motorcyclist may be eligible for compensation. Compensation is often made for damages related to financial grievances. 

The first compensatory damage is for your medical treatment. If you are not at fault for your motorcycle accident, a significant amount of money is eligible for you to take care of expensive hospital bills and medical treatments. 

Another compensatory damage you may be eligible for is property damage. If the motorcycle was severely damaged, it is the requisite of the other party to compensate for the damage and replace the parts as soon as possible. According to motorcycle accident attorney Joe Kopfler, “Compensation for property damage is an acceptable financial loss that the court recognizes.”

Another financial loss that the court will require compensation for is the income loss of the victim. When the victim is spending time recovering in a medical facility, the guilty party will be responsible for paying an equivalent of the income that the victim will not be able to earn. 

Even though this facet is challenging to prove, mental trauma is an integral part of a tort. Hence, the guilty party must remedy the situation in reasonable damages.