Many non-riders believe that motorcycles are dangerous—and they aren’t wrong. Unlike cars and trucks, motorcycles offer no protection during accidents. Riders may be thrown from their bikes or slammed into the pavement, causing them to suffer severe injuries.
But not every car-versus-motorcycle accident is the fault of the rider. In every accident involving two vehicles, fault is determined by examining the actions of both drivers immediately before the accident.
All drivers must follow the rules of the road, and a motorcyclist driving recklessly before a crash is only one factor in determining fault. Let one of our motorcycle accident lawyers help with your claim in determining liability after a motorcyclist drives recklessly before a crash.
Determining Fault
In an accident between a car and a motorcycle, fault doesn’t depend on the type of vehicle involved. Fault depends on a legal standard of negligence.
Every person operating a vehicle has a duty to operate it in a reasonably safe manner. If they don’t live up to this duty—for example, they fail to take reasonable care to drive in a safe manner—they’re considered negligent. This is usually due to an unintentional mistake. A negligent driver will be liable for any injuries or damage that their negligence caused.
In contrast, recklessness involves a conscious decision to engage in risky behavior despite awareness of the substantial risks. For example, reckless motorcycle riding could include driving at a speed far in excess of the speed limit, driving under the influence, or willfully running stop signs. If both the motorcyclist and the vehicle driver acted negligently or recklessly and both were causes of the accident, both are considered at fault.
Ohio follows a modified comparative negligence rule in car and motorcycle accident cases. Under this system, the court assigns each party a percentage of fault for the accident.
An injured person can recover damages as long as they are 50% or less at fault, but their compensation is reduced by their share of responsibility. However, if a person is found to be more than 50% at fault, they are barred from recovering any damages.
Typical Motorcycle Accidents
Here are some common reasons motorcycles may be involved in accidents.
Accidents Caused by Cars
Motorcycles are smaller than cars and trucks, and this size difference contributes to collisions between them. What’s the most common reason that cars and trucks hit motorcycles? It’s when the larger vehicle is turning left, and its driver doesn’t see a motorcyclist approaching from the other direction.
Motorcycles’ smaller size also causes “bullying” accidents, which is when the car or truck driver simply barrels ahead, failing to yield the right of way to a motorcyclist. This can happen when the car driver is changing lanes or is at a yield sign or red light. Motorcyclists have the right to drive on highways and freeways, but car and truck drivers sometimes fail to respect this, even when they can clearly see the bikers. Some drivers even make it a point to harass riders by brake-checking or passing them too closely.
The fact that a motorcyclist is seen driving recklessly before getting into an accident doesn’t mean that the rider’s behavior was the sole cause of the accident or even a partial cause. For example, if a motorcyclist is seen driving at 100 mph, that would be considered reckless. But if the bike slows down to the speed limit and, a block later, is struck by a car running a red light, a court may determine that the driver of the car, not the motorcyclist, is at fault.
Accidents Caused by Motorcyclists
Of course, motorcyclists can also be at fault for accidents. Speeding is an issue for many riders and can lead to collisions. It’s common for a speeding motorcyclist to cause an accident when they attempt to pass a left-turning vehicle.
Lane splitting is another potentially dangerous action. This is when a rider drives their motorcycle between two lanes of moving traffic.
Full lane splitting is only allowed in California, while lane filtering, a similar maneuver that occurs only at stopped intersections, is allowed in Arizona, Utah, Montana, Colorado, and Minnesota. In all other states, including Ohio, both lane splitting and filtering are illegal.
Steps to Take After a Motorcycle Accident
Determining who’s at fault in a car-versus-motorcycle accident depends on the evidence of the case. Anyone involved needs to take the following steps:
- Call the police and wait at the scene until they arrive. They will get the names and contact numbers of the parties and witnesses and insurance information. Request a copy of the accident report.
- Take photos of the accident scene, including photos of each vehicle, any vehicle debris, and the road where the accident happened, including any skid marks in the general vicinity. Note the driving conditions, the time the accident occurred, and the weather conditions. This information will help the insurer and the court recreate what happened and determine fault.
- Look around the area for video or traffic cameras. The footage they capture can be vital for your injury claim.
- Get to a hospital for an examination, even if injuries appear minimal. Serious injuries can look minor initially. Get copies of the medical records and bills.
- Take the vehicle to get estimates for repair or replacement. The cost of this work can be included in your damages claim.
- Contact an experienced attorney within a few days of the accident. It’s important to act quickly, as crucial evidence for your case may disappear.
Nurenberg, Paris, Heller & McCarthy Can Help You Pursue Full and Fair Compensation
Nurenberg, Paris, Heller & McCarthy helps Ohio residents who are pursuing compensation in motorcycle accident cases. We’ve successfully represented injured Ohio motorists for decades, and we ensure that all vehicle accident claims we handle include all appropriate damages, including current and future medical expenses and lost wages.
Contact our team today for a free consultation. We’re committed to working tirelessly to get you the recovery you deserve.
