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Who Is at Fault in Motorcycle Accidents?5 min read

Stephen Smith

by | Nov 15, 2021

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.

A motorcyclist in full-face helmet clears the crosswalk on a busy corner street.

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.

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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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We are one of Virginia’s largest and most successful law firms.

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Use the simple form below to send a message directly to our lawyers. We will respond within 1 hour or less during business hours.

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