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Regardless of the severity of personal injury or property damage, a motorcycle crash is always unfortunate. Unlike an accident in a vehicle, motorcycles lack the adequate protection to reduce chances for injury. Additionally, because motorcycles are more difficult to see on the road, there is a higher possibility that other drivers may not see the motorcyclist.
A combination of diminished visibility, lack of protection, and the inherent driving capabilities of a motorcycle (greater acceleration and smaller vehicle, which makes it easier to weave through traffic, for example), many motorcyclists have confronted significant difficulties when seeking civil reimbursement for damages incurred.
For example, let’s say an at-fault, negligent driver causes a motorcycle to “lay down,” or drop the bike when in motion to avoid a more severe crash. The motorcyclist will incur property damage and possibly personal injury, but he/she has to effectively prove that the negligent vehicle caused the lay down and that a lay down was the only choice of action.
Determining fault and appropriating an accurate settlement might not always work in the motorcyclist’s favor, but there are specific options and tasks he/she can employ to build a strong claim and receive appropriate compensation for damages.
Determining Fault in a Motorcycle Accident
Because Arizona is a pure comparative fault state, insurance adjusters and the authorities fully investigate an accident between two parties to determine the percentage of fault. What this means is that if a motorcyclist didn’t signal a lane change and a vehicle driving 25 mph over the speed limit hits the bike, for example, investigators must determine which party contributed more to the accident. In this case, both parties failed to comply with standard traffic law, and the appropriation of fault could be even. On the other hand, some could argue that the speeding vehicle posed a greater risk than a motorcycle failing to signal a lane change.
Let’s say the fault attribution was 40-percent motorcycle and 60-percent vehicle, and the accident caused $10,000 in damages. Because of Arizona’s comparative fault rule, the vehicle can recover $4,000 and the motorcycle can recover $6,000.
With any accident caused by a negligent driver that results in injury or damage, get the police and/or medical professionals involved immediately. The official police report will include witness testimonies, drawn crash diagrams, and on-the-scene analysis. Furthermore, if the other driver did commit a traffic violation causing the crash, the driver may get a citation. A citation is typically used as proof of fault when reaching a settlement with insurance companies or in civil court.
