man taking pictures of an accident scene involving a car and scooter

How Do You Determine Who’s At Fault In A Motorcycle Accident?

By Krivitzky, Springer & Feldman | Comments are off for this post | Apr 07, 2020

One of the most critical elements of any personal injury case is determining who’s at fault. If you or a loved one has been injured in a motorcycle accident and you’re considering filing a claim for damages, this can be tough to do on your own. Our attorneys at Krivitzky, Springer & Feldman believe that educating clients about how we establish fault in motorcycle accident cases can help them better understand their rights as well as the claims process.

Types Of Injuries Sustained In Motorcycle Accidents

Whether an injured victim is a motorcyclist or a motorist, they may sustain serious injuries, such as head, neck, and spinal trauma, broken or crushed bones, paralysis, brain injury, and loss of limbs. These types of injuries may require costly long-term medical care and rehabilitation, so it’s vital to ensure the at-fault parties are held accountable.

Causes of Motorcycle Accidents

The majority of motorcycle accidents are caused by the careless acts of other motorists, but there are often several factors involved in motorcycle and motor vehicle accidents. Some common causes of motorcycle accidents include:

  • Failing to yield the right-of-way
  • Left-turn accidents
  • Sudden or unsafe lane changes
  • Failure to check blind spots
  • Tailgating
  • Sudden stops
  • Running stop signs or red lights
  • Distracted driving
  • Speeding
  • Driving under the influence of alcohol or drugs
  • Hazards or debris on the roadway
  • Mechanical failure

Who’s Liable for A Motorcycle Accident?

Depending on the specific situation, several parties may be at fault for a motorcycle accident. An experienced personal injury lawyer can investigate the circumstances surrounding the accident and help you seek compensation from all potentially liable parties. Those who may be potentially liable include:

  • Motorists involved in the accident
  • The motorcycle manufacturer or parts manufacturer
  • A repair or maintenance shop that performed shoddy work
  • A motorcycle rental company

Determining Fault in A New Jersey Motorcycle Accident Claim

You must have evidence of liability to prove negligence. That’s why it’s important to collect as much evidence as you can at the scene. An experienced motorcycle accident attorney gathers relevant information that can establish fault and put it all together to prove that negligence caused your injuries and losses. There are many different types of evidence that can be valuable when determining fault in a motorcycle accident claim, including:

Photos — If possible, take photos of the accident scene, road signs and traffic signals, damage to your motorcycle, damage to other vehicles, and your injuries.

Contact and insurance information — Make sure to get contact and insurance information from all involved parties. Taking down their license plate and driver’s license number is also helpful.

Eyewitness accounts — Getting contact information and statements from witnesses who saw what occurred can be a critical element in proving negligence in a motorcycle accident claim.

Notes — Use your smartphone to dictate or write down everything you remember about how the accident happened and the make, model, and color of the vehicle involved.

Police reports — Police who responded to the scene will create a report containing vital information that can prove fault, including a summary of what occurred, statements from eyewitnesses, and perhaps even the name of the person the police believe might be at fault.

Skid marks and other road damages — The location and length of skid marks can be an important factor in determining fault in a motorcycle accident. Gouges in the road and damaged signs, guardrails, and utility poles can also help piece together what happened.

Footage from traffic and security cameras — You may be able to obtain footage of the accident from cameras in the area. These recordings are often erased in a short period of time. An attorney will act quickly to get the footage as soon as possible.

Phone records — Texting while driving causes serious accidents on New Jersey roadways every day. Cell phone records can indicate whether a driver was sending or receiving a text or talking on the phone when the accident occurred.

Motorcycle accident attorneys often enlist the help of experts, such as accident reconstructionists, who can determine how an accident happened. Analyzing all relevant evidence can paint a picture of the events that caused a motorcycle crash and who was responsible. Once fault has been established, your lawyer will build a solid case and fight to recover compensation for your injuries and damages.

Contact A New Jersey Motorcycle Accident Attorney

If you need help determining who’s at fault for a motorcycle accident in New Jersey, our personal injury lawyers at Krivitzky, Springer & Feldman can assess your case and advise you on how to proceed. To schedule a free consultation or ask questions, contact us online or call 201-798-2711 in Jersey City or 973-874-0556 in Newfoundland, New Jersey. We also serve clients in Kinnelon, Vernon, Jefferson, and throughout the state of New Jersey. Se habla Español.

Krivitzky, Springer & Feldman