Motorcycle Accidents Fault and Liability

Although motorcycles make up only 3% of all registered vehicles and less than 1% of all vehicle miles traveled in the United States, motorcyclists accounted for 14.6% of all traffic fatalities and 3.5% of all injuries in 2022. A factor that directly influences motorcycle fatality trends is helmet use.  Over the last 10 years, motorcycle deaths have increased 32%, according to the National Safety Council (NSC).  During the same period, the number of registered motorcycles on the road have increased 14% nationwide, while miles traveled has increased 17%.

A few key motorcycle fatality trends for 2021 show that most motorcyclist fatalities occurred:

• On urban roads (66%)
• In good weather (94%)
• During daytime (50%)
• In crashes involving two vehicles (55%).

With so many fatal and injury crashes happening each year, it’s natural that people have questions about motorcycle accident fault and liability.

Determining Liability and Fault in Motorcycle Crashes in California

Liability in a motorcycle crash is determined by California’s comparative negligence rules.  This means that multiple parties can be at fault for the accident.  Each party’s liability is apportioned depending on the degree to which they were negligent.  A judge or jury can ultimately decide the percentage of fault each party bears; more often than not, however, this is determined during negotiations between lawyers and insurance companies as part of a settlement.

For example, if a car runs a stop sign and hits a motorcyclist that is speeding, it could be determined that the driver of the car bears 70% of the fault for the accident while the motorcyclist bears 30% of the fault.  If the estimated damages are $200,000, then the motorcyclist would receive $140,000 in damages ($200,000 less $60,000 or 30% of the total award).  Because of the way fault and liability are determined, you can see why it’s important to have a skilled and aggressive motorcycle crash attorney representing you.  Insurance companies have teams of experienced lawyers whose job it is to defeat claims and pay out as little in settlements as possible.  The tougher your lawyer, the more likely it is that your payout will be larger.  At Neale & Fhima, we are not afraid to go toe-to-toe with insurance companies to ensure that we achieve the best outcome possible in your case.

Additional Motorcycle Crash Statistics

According to Forbes, there are stark statistics showing how dangerous motorcycle riding can be. National data from 2021 shows the following:

• Motorcycle riders are 28 times more likely to die and four times more likely to be injured in an accident.
• In 2021, a total of 83,000 motorcycle riders sustained injuries across the U.S.
• An estimated 36% of fatal motorcycle accidents involve riders who do not have a valid license to drive a motorcycle.
• August is the most dangerous month for motorcyclists.
• Motorcycle accidents accounted for 14% of all traffic deaths.
• 34% of motorcycle fatalities involved speeding.
• 27% of motorcycle accident deaths involved alcohol.
• 40% of alcohol-impaired motorcycle crash deaths occur during the evening hours. Motorcycle accidents are three times as likely to involve an impaired driver during the nighttime compared with during the day.

What Causes Motorcycle Accidents?

While every crash has a unique set of facts and vehicles involved, there are some common causes of motorcycle accidents to watch out for.  By being aware of these hazards and driving defensively, motorcyclists can avoid injury or worse.  Typical causes include:

• Motorcycle lane-splitting
• Car doors opening
• Cars making left-hand turns
• Riding on the shoulder rather than within vehicle lanes
• Distracted driving among other motorists
• Railroad tracks
• Pedestrians stepping off curbs
• Speeding
• Swerving in and out of traffic
• Bad weather like rain, sleet, ice, and snow
• Alcohol and/or drug use
• Sudden stops by other drivers
• Hazardous road conditions including loose gravel, road debris, and potholes.

These are just a few of the dangers, impediments, and circumstances that cause motorcycle collisions.  There are many others.  In all cases, motorcyclists are typically at a disadvantage when involved in collisions with cars or truck accidents because motorcycles are so much smaller and lighter than the larger vehicles.  They are also much harder to see by other motorists.

What Can I Get for My Motorcycle Crash?

You may be entitled to more compensation than you think after being injured in a motorcycle collision.  There are some less obvious damages than just medical bills and lost wages.  In the horrible event that your loved one is killed in a motorcycle crash, you can also file a wrongful death lawsuit.  Compensation you might be entitled to includes both economic and non-economic damages and, less commonly, punitive damages. Damages can include:

Economic

• Lost wages
• Loss of future earnings potential
• Hospital, doctor, medication, and rehabilitation bills
• Cost of future medical care
• Damage to personal property
• Wrongful death.

Non-Economic

• Pain and suffering
• Emotional distress and PTSD
• Scarring and disfigurement
• Loss of enjoyment of life
• Loss of consortium (a claim filed by a spouse).

In rare cases, a judge can also award punitive damages when a defendant’s negligence and disregard for the safety of others on the road are particularly senseless. These damages can also come into play when the defendant is a repeat offender.  While not frequent, payouts for punitive damages can be quite large.  These damages are meant to be warnings for other motorists and have a chilling effect on future drivers who might be tempted to drive recklessly.

Contact Neale & Fhima Today for Tough Representation

There are lots of California motorcycle accident lawyers out there, and we invite you to compare our success rate with theirs.  We’re confident that our legal team stands head and shoulders above the rest.  Our outstanding client testimonials speak volumes, and Attorney Aaron Fhima is among the best and the brightest.  Here are some reasons to choose Neale & Fhima:

• We Value Client Relationships. High-volume law offices often think of clients as nothing more than a number on a case file.  We’re different. We like getting to know our clients and their families.
• We Know the Law. California law is complicated at best, and deeply confusing at worst.  We’ll help you avoid legal pitfalls and guide you in building a strong legal case.
• Years of Experience. Our attorneys have over 40 years of combined experience representing clients in Southern California.
• No Surprises. We tell you up front what you can expect from the legal process, what your case might be worth, and what the strengths and weaknesses of your claim might be.

When represented by a Neale & Fhima motorcycle accident lawyer, you’re never alone.  We’ll walk side by side with you every step throughout the legal process.  Our trained legal staff is compassionate, informative, and prompt in returning phone calls and answering questions. We’ll keep you consistently informed about the status of your case.  We treat clients like family, and we care about your concerns, fears, and hopes for the future.  To find out more about how we can help, call us for a free consultation at 888-407-2955.