What if I Am Partly to Blame for My Motorcycle Accident?

When a motorcycle accident occurs, determining who bears responsibility can become a complex battle between riders, drivers, and insurance companies. Insurance claims adjusters often seek ways to shift blame onto motorcyclists, alleging that they contributed to the crash through their actions or decisions. Are you facing allegations about being partially to blame for your motorcycle accident? Remember that you don’t have to navigate these accusations alone. You have the right to seek legal representation.

Schedule a free consultation with a qualified motorcycle accident lawyer who can evaluate your case and determine your best course of legal action when insurance companies attempt to place blame on you.

Why Would the Insurance Company Say I’m Partly to Blame for My Motorcycle Accident?

Insurance companies have a financial incentive to minimize payouts and implement many tactics to achieve this goal. One common approach is attempting to place some of the blame on the motorcycle rider. By arguing that you share responsibility for the crash, they can lower the amount of compensation they’re required to pay. Typical reasons insurers may claim you’re partly to blame include:

• Biased Investigations: Adjusters may conduct one-sided investigations that favor their insured driver’s account of events. They often interview their own policyholder first and build their case around that version of the accident.
• Failure to Conduct Timely Investigations: Insurance companies may delay their investigation until evidence disappears or witness memories fade. Late investigations allow them to claim that vital evidence is no longer available to support your version of events.
• Lack of Critical Evidence: Insurers may fail to gather essential evidence, such as surveillance footage, skid mark measurements, or witness statements. By avoiding comprehensive evidence collection, they can claim insufficient proof exists to support your position.

Insurance adjusters are trained to find reasons to deny or reduce claims, and they understand that many accident victims don’t fully understand their rights. When facing these tactics, having legal representation becomes necessary for protecting your interests and ensuring you receive a fair settlement for your injuries and damages. Remember, with the right legal team, a fair resolution is not just a possibility, but a realistic outcome.

What if I Am Partly to Blame for My Motorcycle Accident?

Even if you bear some responsibility for your motorcycle accident, you may still be entitled to compensation for your injuries and damages. This is your legal right. However, determining actual fault percentages requires careful legal analysis and thorough investigation of the accident circumstances. An experienced lawyer can evaluate the evidence, interview eyewitnesses, and work with accident reconstruction experts to establish the actual cause of your crash.

Experienced attorneys understand how to counter insurance company tactics and present compelling evidence that minimizes your fault while maximizing the other party’s responsibility. Without proper legal representation, you may accept blame unnecessarily or agree to fault percentages that don’t accurately reflect the accident dynamics.

Who Ultimately Determines Fault in My Motorcycle Accident?

Several parties may weigh in on fault determination, and it’s typical for the parties involved to have conflicting opinions regarding who is to blame. However, the final decision depends on whether your motorcycle accident case settles or goes to trial. Multiple entities contribute to fault assessments throughout the claims process, including the following:

• Insurance Adjusters: Claim adjusters investigate claims and make initial fault determinations for their companies. Their primary goal is minimizing payouts rather than finding the objective truth.
• Police Officers: Law enforcement creates accident reports that often include fault opinions based on their investigation. However, police reports aren’t always accurate and can be challenged with additional evidence.
• Accident Reconstruction Experts: These specialists analyze physical evidence, vehicle damage, and scene conditions to determine the cause of a crash. Their scientific approach often provides more reliable fault assessments than initial police reports.
• Lawyers: Legal representatives for both sides will argue their client’s position regarding fault. Experienced lawyers can present evidence and legal arguments that significantly influence the determination of fault.
• Judges or Juries: If your case proceeds to trial, the judge or jury will make the final fault determination. Their decisions carry legal weight and can’t be overturned by insurance companies. This underscores the importance of quality legal representation, which can often achieve more favorable outcomes through thorough investigation, effective negotiation, or strategic litigation.

Insurance companies’ initial fault assessments aren’t final decisions, and skilled legal representation can often achieve more favorable outcomes through investigation, negotiation, or litigation. If you have been accused of being partly to blame for your motorcycle accident, you’ll want to speak with an attorney right away.

Who May Be Liable for My Motorcycle Accident?

Multiple parties may bear responsibility for your motorcycle accident beyond just the other driver involved in the crash. Modern vehicle collisions often involve complex liability scenarios in which multiple entities may have contributed to the incident through their actions, negligence, or product defects.

The Driver Who Hit You

The motorist who struck your motorcycle typically bears primary responsibility for the collision. Drivers have a duty to drive safely, follow traffic laws, and watch for motorcycles on the road. When they fail to yield the right of way, follow too closely, drive while distracted, or violate other traffic rules, they become liable for the resulting damages. Even if you made minor errors, the other driver’s negligence may still constitute the primary cause of your crash.

Third-Party Motorists

Other drivers on the road may have contributed to your collision, even if they didn’t directly hit you. A third-party driver might have caused the primary driver to contribute to the crash by:

• Swerving into your path
• Creating dangerous road conditions
• Triggering a chain reaction leading to your crash

A motorcycle accident lawyer carefully investigates all potentially liable parties. Identifying these additional responsible parties can be challenging, but it may significantly increase your potential compensation.

Car Owners

When someone other than the vehicle owner was driving the car that hit you, both the driver and the owner may face liability. Vehicle owners have responsibilities regarding who they allow to drive their cars. Therefore, they may be held responsible for accidents caused by drivers they knew or should have known were dangerous.

Employers and Trucking Companies

When the driver who caused your crash was working at the time, their employer may be held vicariously liable for your collision. Trucking companies, delivery services, and other commercial entities can be held responsible for the actions of their employees during work hours. These entities have substantial insurance policies and assets, making them valuable defendants in cases involving serious accidents.

Government Entities

Government agencies responsible for road construction and maintenance can be held liable for negligence that creates hazardous conditions. For example, when poor road design, inadequate maintenance, or dangerous traffic control devices contribute to your collision. Claims involving government entities entail special procedures and shorter deadlines, making prompt legal action imperative.

Why You Need a Motorcycle Accident Lawyer 

When insurance companies claim you’re partly to blame for your motorcycle accident, having legal representation becomes essential for protecting your rights and maximizing your recovery. Insurance adjusters are trained to undervalue and deny valid claims. In contrast, most accident victims lack the legal knowledge and experience needed to effectively counter their tactics. An attorney levels the playing field by providing the legal knowledge and advocacy skills necessary to challenge unfair allegations of blame.

Protection From Insurance Companies

Once you retain a motorcycle accident attorney, they handle all communications with insurers on your behalf. Legal professionals understand the tactics insurers use and can prevent you from inadvertently saying or doing something that could harm your case. Your lawyer will review all settlement offers, negotiate on your behalf, and ensure that any agreements truly serve your best interests rather than the insurance company’s desire to minimize payouts.

Evidence Collection Demonstrating the Insurer Is Wrong

Your lawyer will gather compelling evidence to challenge the insurance company’s fault allegations and demonstrate their incorrect assessment of the circumstances surrounding your motorcycle collision. Types of evidence your lawyer may collect include:

• Surveillance footage from nearby businesses, dashcams, or traffic cameras
• Cell phone records that show the other driver was distracted at the time of the crash
• Witness statements that contradict the insurance company’s version of events
• Weather and road condition reports from the accident date
• Expert accident reconstruction analysis
• Medical records documenting the extent and nature of your injuries

Properly collected and presented evidence can completely change the narrative surrounding your collision. Insurance companies often make fault determinations based on incomplete information. Comprehensive evidence gathering can reveal the true cause of your crash and establish the other party’s responsibility.

Collaboration With Experts

Experienced motorcycle accident attorneys work with various industry experts who can strengthen your case and provide professional opinions that counter insurance company claims. Expert witnesses commonly used in motorcycle accident cases are as follows:

• Medical professionals who can explain your injuries and their long-term implications
• Automotive engineers who can identify vehicle defects or mechanical failures
• Traffic safety experts who can analyze road conditions and traffic control devices
• Economic experts who can calculate lost income and diminished earning capacity
• Vocational rehabilitation specialists who can assess your ability to return to work
• Accident reconstruction specialists who can analyze crash dynamics and determine causation

Expert testimony carries significant weight in both settlement negotiations and court proceedings. Insurance companies are more likely to offer fair settlements when confronted with credible expert opinions that support your position and challenge their fault allegations.

Quantifying Actual Damages

Your attorney will work to identify and quantify all actual damagesyou’ve suffered as a result of your motorcycle crash, ensuring that settlement negotiations account for the full extent of your losses. Depending on the severity of your injuries, their overall impact on daily life, and long-term needs, damages may include the following:

• Healthcare costs relating to your injuries
• Lost earnings for time missed from work due to injuries and recovery
• Property damage to your motorcycle, helmet, and other personal belongings
• Household services for home assistance that you require while recovering
• Pain and suffering compensation for physical discomfort and emotional distress
• Diminished earning capacity if your injuries affect your ability to work
• Future medical costs for ongoing treatment and rehabilitation
• Loss of enjoyment of life when injuries prevent you from participating in activities 
• Loss of consortium for the impact on relations with spouses and family
• Permanent impairment and disability
• Scarring and disfigurement

Accurately calculating damages requires understanding both current losses and future implications of your injuries. Insurance companies frequently underestimate long-term consequences. An experienced motorcycle accident lawyer collaborates with medical and economic experts to ensure comprehensive damage assessments that account for all accident-related losses and expenses.

Negotiations for Fair Settlements

Insurers are more likely to offer reasonable settlements when they know you have experienced legal representation and are prepared to take your case to trial if necessary. Your attorney will use their negotiation skills and legal knowledge to advocate for fair compensation that truly reflects the extent of your damages and the other party’s responsibility. Skilled negotiators understand how to present evidence effectively and counter insurance company tactics to achieve favorable outcomes.

Case Litigation

Suppose settlement negotiations fail to produce fair compensation. In that case, your attorney can take your case to court, where a judge or jury will make the final determination about fault and damages. Insurance companies take cases more seriously when they know you have legal representation prepared to litigate, and the threat of trial can motivate more reasonable settlement offers.

Consult a Motorcycle Accident Attorney Near You

If you’re facing allegations that you’re partly to blame for your motorcycle accident, don’t allow insurance companies to take advantage of your unfamiliarity with the legal system. The question “What if I am partly to blame for my motorcycle accident?” doesn’t have to result in reduced compensation if you have skilled legal representation fighting for your rights. Don’t wait to seek legal counsel, as motorcycle accident claims and lawsuits have strict deadlines for filing.

Schedule a free consultation with an experienced motorcycle accident lawyer to have your case thoroughly evaluated. They can assess the strengths and weaknesses of your case before developing a personalized legal strategy to maximize your compensation. Most motorcycle accident attorneys work on contingency, meaning you won’t pay legal fees unless they recover compensation for you, making quality legal representation accessible regardless of your current financial situation. Contact us now!

Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $290 million in verdicts and settlements.