Who Is at Fault in Motorcycle Accidents?

Who Is at Fault in Motorcycle Accidents?

By:
Stephen M. Smith
|
Last Updated:
November 15, 2021
Best Law Firm logo
A man riding a motorcycle down the road.

Every vehicle crash is unique. The drivers, the automobiles, the weather conditions, and countless other factors are different in each collision. This is why there is no one answer to a question like “Who is at fault in motorcycle accidents?” It depends on the circumstances surrounding the crash.

However, there are startling statistics regarding who is usually at fault when motorcycles and cars collide, and which drivers suffer the most injuries and fatalities. Determining fault is an important legal step in accessing the funds needed for medical care and recovery.

If you need representation from a motorcycle accident lawyer, contact Smith Law Center today by calling (757) 244-7000. To learn more about the causes and consequences of motorcycle crashes, read on.

What Are Motorcycle Accident Fault Statistics?

According to the National Highway Traffic Safety Administration (NHTSA), here are some chilling facts regarding motorcycle accident fault statistics:

  • Motorcyclists have a higher mortality rate than other motorists. When riding in a car, truck, or other enclosed vehicle, drivers and passengers are protected from some of the most severe crash damages. Seat belts, air bags, and crash-rated frames keep other drivers safe, while motorcyclists are 35 times more likely to suffer fatal injuries.
  • Roughly 80% of reported motorcycle crashes result in injury or death. Even minor parking accidents with motorcycles can cause immense harm to the operator, and high-speed crashes are even more dangerous. If a motorcycle crashes at all, injury to the rider is extremely likely.
  • ​Older riders are at a greater risk of injury and death over younger motorcyclists. Contrary to the notion that younger riders may be more reckless on motorcycles, it’s the slower reaction times in riders over age 40 that account for the higher rates of injuries and fatalities (over 50%). The older the rider, the more likely they are to die due to crash injury.

The numbers show that it’s far more dangerous to be a motorcycle rider than the driver or passenger of a car during a crash, but who is most at fault for car-and-motorcycle collisions?

What Percent of Motorcycle Accidents Are the Rider’s Fault?

The answer may shock you...if you’re not a motorcyclist.

Outside of single-vehicle motorcycle accidents (like those that happen due to adverse weather conditions), in collisions that involve a motorcycle and a passenger vehicle, it’s the driver of the car who is more often at fault. Motorcycle accidents can even be attributed to other drivers in “no contact” situations, for instance where the driver of a car is held liable for dangerously changing lanes, causing a motorcyclist to wipe out in an effort to avoid a collision.

Roughly 60% of vehicle vs. motorcycle crashes are determined to be the other driver’s fault, not the motorcycle rider’s.

If you’re not at fault in a motorcycle accident, you may have a strong case to pursue a settlement or damages award to help cover your injuries and losses. However, even if you are determined to be partially or wholly at fault in a motorcycle accident, a dedicated attorney can still help you negotiate a fair insurance settlement.

Reach out to the Smith Law Center as soon as possible to make sure there’s someone with experience in motorcycle accident law on your side. Allow us to investigate all aspects of your crash, and protect your interests first.

Reach out to the Smith Law Center to make sure there’s someone with experience in motorcycle accident law on your side—we’re here to protect your interests first.

What Could a Motorcycle Accident Settlement Mean for You?

The injuries that result from motorcycle accidents can be catastrophic. Even low-speed motorcycle collisions can cause broken bones and head trauma, but at high speeds, the risk for traumatic brain injury (TBI), spinal cord injury, or amputation are greatly increased. These injuries can require consistent long-term medical care, and often interrupt one’s normal life, including the ability to work.

A pre-trial settlement or damages award could help cover:

  • Medical bills for emergency and ongoing care
  • Loss of income and other job-related benefits like health insurance coverage
  • Pain and suffering both physical and psychological
  • Punitive damages, which refer to “punishment” charges made to the negligent party and then awarded to you
  • Wrongful death expenses like funeral costs, loss of income, and loss of companionship for surviving family members

Even with auto insurance and health insurance combined, your injuries and losses may exceed the financial support you have access to on your own. Call the motorcycle accident lawyers at Smith Law Center at (757) 244-7000 to discuss your circumstances so you can secure representation right away.

How Can You Contact the Motorcycle Accident Attorneys at Smith Law Center?

One of the top joys of riding a motorcycle is the feeling of freedom. A motorcycle crash can quickly rob someone of their freedom, vitality, and even their life. After such a tragedy, your best chance at recovery and a brighter future may be pursuing a legal case.

The lawyers at Smith Law Center hold a unique skill set in the area of motorcycle accident law. Founded by Stephen M. Smith, a graduate of Marquette University’s Neuro Anatomical Program, our firm brings a deep understanding of what it takes to heal after brain damage and other traumatic injuries commonly present in motorcycle crashes. Our case results show our experience in securing life-saving results for our clients.

You can contact the Smith Law Center via our online form, or by calling (757) 244-7000 to schedule a free, confidential consultation. Determining fault after a motorcycle accident can have a great impact on the financial resources available to help you recover—make sure there’s an experienced advocate on your side to protect your best interests.

Lawyers at Smith Law Center

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
ABOUT US

What Our Clients Are Saying About Us

Tony Laizure, Principal Laizure Law
Google logo

I have had the immense pleasure to work with Stephen M. Smith many times over the years, and every case ends in success for the client. He is so passionate about his clients and cares deeply about them.

Anonymous (Former Client)
Google logo

They treat you with respect & compassion every step of the way…

Jonathan Wren
Google logo

Great firm. Stephen, David, and their team did a wonderful job representing a brain-injured client I referred to them for hard-fought case against a trucking company in federal court.

Shannon Laymon-Pecoraro
Google logo

I have the pleasure of working with the team at the Smith Law Center regularly. They are well rounded, and their commitment to their clients is top notch.

Donna
Google logo

… your firm is personally responsible for taking what was a horrible tragedy and transforming it into a legacy…

Joe
Google logo

… [Mr. Smith's] style of representation was impeccable, classy, and he cleverly executed every facet of the case …

Nancy
Google logo

… I really can’t thank you enough for securing the damages to which I was entitled …

Marybeth
Google logo

… I am beyond grateful for their caring manner, their legal prowess, and their attention to detail …

Tom
Google logo

Although this card is rather small, the “Thank You” isn’t small at all … You will never know what this money has meant to us. It does not remove the affects of the stroke, but makes things somewhat better …

Tammy & John
Google logo

… For such a large firm, we received very personal care. We will always recommend you highly! …

Angelicia S
Google logo

I had the pleasure of working with Attorney Gill. He was very professional and made the process worth the while. This law firm cares about their clients and it shows. Thank you all for going over and beyond.

Erin L
Google logo

I was very happy with the Smith Law Center. They are professional, attentive and will truly fight for you. The entire office is very nice and communicates throughout the whole process. Mr. Gill is fantastic as well as the paralegals and the other administration team.

Mike S
Google logo

David Holt did an excellent job dealing with a largely uncooperative insurance adjuster. He explored all avenues of recovery, their fees were fair and, once settled, payment was prompt. Five stars all the way.

Christin S
Google logo

Working with David and Lisa was a wonderful experience. I was overwhelmed by their kindness and efficiency.

Kevin Mottley
Google logo

I have had the pleasure of working alongside Stephen Smith, David Holt, and Stewart Gill for several years now, representing traumatic brain injury survivors in fights against insurance companies. These guys are a pleasure to work with and are true trial lawyers who fight for their clients day in and day out in court.

Andy H
Google logo

The attorneys and staff at Smith Law Center are great to work with. They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.

Shaminece H.
Google logo

The team and my attorney were so friendly. They were always available to help me or answer my questions, and the process wasn’t long at all. I’m so grateful for the services they gave me and for treating me like family.

Shannon L
Google logo

... I have the pleasure of working with the team at the Smith Law Center regularly ... They are well rounded, and their commitment to their clients is top notch.

Andy H
Google logo

... The attorneys and staff are great to work with ... They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.

Jonathan B
Google logo

... Mr. Smith helped us get a settlement fast, and things are much better now ...Without Stephen’s help I’d probably be dead and penniless. I am a brain injury survivor. On the 4th of July weekend (in 2004), my life was turned inside out when I was hit on my motorcycle. My brother-in-law was searching for brain injury specialists and happened to find Mr. Smith. And he was a lawyer too! Mr. Smith helped us get a settlement fast, and things are much better now.