Motorcycle accidents often result in some of the most severe injuries on the roads. The aftermath of a crash involving a motorcycle is also far more complex and challenging than after a car accident. Motorcyclists face a great deal of bias from insurance companies and even other motorists, making it more difficult to establish fault. Liable parties often try to shift blame to motorcyclists, even when bikers did not contribute to the crash. So, who is at fault in a motorcycle accident? Our West Virginia motorcycle accident lawyer explains further below.
Our West Virginia Motorcycle Accident Lawyer Can Determine Fault
Multiple studies have shown that motorcycle accident fault typically lies with motorists operating cars and trucks. Many factors contribute to this. They include:
- Drivers do not expect motorcycles on the road. Cars and trucks far outnumber the number of motorcycles on the road. Due to this, other motorists do not expect to see motorcyclists while they are driving. This is particularly true in West Virginia, where motorcycling is a seasonal activity. When drivers are not expecting to see motorcyclists on the road, they cannot react to them as safely.
- Motorcycles are much smaller than other vehicles. One of the reasons it is more challenging for other motorists to see bikers on the road is that they are much smaller than cars and trucks. Because of this, combined with the fact that motorists are already not expecting to see motorcyclists, drivers may not see a motorcycle until it is too late.
- Drivers are not knowledgeable about motorcycles. Drivers of cars and trucks are often not knowledgeable about motorcycles. They do not know how fast they travel, and they misjudge how far away a motorcycle actually is. This can cause them to make an unsafe turn in front of a motorcycle when they would not do so if they saw another car or truck approaching.
Regardless of the reasons drivers do not see motorcycles, or misjudge how they are traveling, that is no excuse for negligence. Drivers are expected to watch for motorcycles just as they would for any other type of vehicle.
How Are Other Drivers At Fault for Motorcycle Accidents?
There are many ways drivers are at fault for motorcycle accidents. The most common of these include:
- Speeding: Speeding is a common cause of many types of accidents, but this is particularly true in crashes that involve motorcyclists. Drivers often do not see motorcycles, and when they are speeding, they often do not see a motorcyclist until it is too late to stop.
- Unsafe lane changes: Motorcycles are smaller than other vehicles, and so if a driver does not check their blind spot properly or use turn signals, they can easily cause a crash.
- Driving while impaired: Drivers who are impaired by drugs or alcohol have slower reaction times, and they also exhibit poor judgment. Both of these factors can cause a motorcycle accident.
- Following too closely: When drivers misjudge the distance between them and a motorcycle, they may follow it too closely on the road. If the biker must slow down or stop suddenly, the driver behind them may not have enough stopping distance.
Our West Virginia motorcycle accident lawyer can determine what caused your crash so you can obtain the full damages you need.
Comparative Negligence Affects Motorcycle Accident Fault
There are times when a motorcyclist may have contributed to a crash. For example, if a motorcyclist splits lanes, which is prohibited in West Virginia, they may be found partly to blame for a crash.
Under the comparative fault law found in West Virginia Code §55-7-13a, motorcycle accident victims can still file a compensation claim as long as they are 50 percent or less to blame. Any compensation they receive will be reduced by their same percentage of fault.
For example, if you were lane splitting but a driver improperly changed lanes, you may both be at fault for the accident. If you are awarded $100,000 for your injuries, but you were assigned 30 percent of fault, you would receive $70,000 because the damages would be reduced.
It is not uncommon for liable parties to argue that motorcyclists were to blame for a crash, even when they were not. They do this to avoid paying the full damages that motorcyclists need after an accident. It is important to work with a West Virginia motorcycle accident lawyer who can defend against these claims so you obtain a full settlement.
Motorcycle Accident Fault Statistics
The statistics on motorcycle accidents throughout the country are alarming. The most shocking of these are as follows:
- While motorcycles only make up 3 percent of registered vehicles, motorcyclists make up 15 percent of fatalities on the roads.
- Serious injuries are much more common than fatalities in motorcycle accidents. In 2022, there were 6,218 motorcycle fatalities in the U.S., while there were 82,687 injured motorcyclists in the same year.
- In 2022, speeding contributed to 35 percent of motorcycle accidents in the country.
- The majority of motorcycle fatalities in 2022, 66 percent, happened in urban settings. Only 34 percent of these crashes happened in rural areas.
- Men were the victims of 92 percent of motorcycle fatalities in 2022, while women victims made up only 8 percent.
The motorcycle accident statistics for West Virginia are just as disturbing. According to Lending Tree, there were 41.4 percent more fatalities in 2022, with 41 people losing their lives in these crashes. The national increase was just 1.4 percent in the same year.
Our Motorcycle Accident Lawyer in West Virginia Can Prove Fault
The statistics on motorcycle accidents are startling and highlight the risk bikers face every time they go for a ride. At Kaufman & McPherson, PLLC, our West Virginia motorcycle accident lawyer can determine who is liable for your crash and prove your case. Call us now at 304-842-4300 or fill out our online form to schedule an evaluation of your case and to learn more about how we can help.
