Auto Accidents with Motorcycles and Fault

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Motorcyclists owe a duty of care to other motorists.  Each year, many motorcyclists are involved in motorcycle accidents with cars and other motor vehicles.  The motorcyclists are often badly hurt because they lack the physical protection that a car provides.  However, if there is one thing that is important to remember about motorcycles and fault it is that the degree of injury is not relevant to a fault determination.

Fault in Motorcycle Automobile Accidents

Motorcycle accident claims often arise from the following types of collisions between motorcycles and autos:

  • Lane Changes:  auto drivers may have difficulty seeing motorcyclists who are in their “blind spot” and may cause accidents if they are unaware that a motorcyclist is traveling in the lane next to them.
  • Weaving In and Out of Traffic: motorcyclists often take advantage of their small size and weave in and out of traffic.  Motorcyclists are required to follow the same rules of the road as other motorists and may not weave in and out of traffic.  A court or insurance company may make a fault determination against a motorcyclist who weaves in and out of traffic.
  • Driving on the Shoulder: auto drivers may not anticipate motorcyclists driving illegally on the shoulder of the road and motorcycle accidents may occur.
  • Failing to Keep a Safe Distance: motorcycle accident claims may arise when autos fail to keep a safe distance when traveling behind motorcycles.

When making determinations about motorcycles and fault, it is important to remember the legal elements of negligence.  A motorcyclist or an auto driver will be liable for damages if they breached their duty of care by failing to act like a reasonable driver would in the situation and that breach of the duty of care caused the other party injuries which would not have happened but for the driver’s actions.

How an Auto Accident Lawyer can Help

Lawyers can help motorcyclists, car drivers, and their passengers who have been injured in motorcycle accidents.  Liability depends on how who was legally responsible for the accident and not who suffered the greatest injuries.  A motor vehicle accident lawyer can help you determine liability and recover the damages to which you are legally entitled.

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