Determining Fault in a Motorcycle Accident
Motorcycle accidents often result in serious injuries or even fatalities due to the nature of the vehicle and the exposure of the rider to external forces in a crash. In the aftermath of a motorcycle accident, determining fault plays a critical role in securing compensation for medical bills, lost wages, and other damages.
At the Law Office of Steven R. Smith in Garden City, New York, I understand that the process of determining fault in motorcycle accidents involves various factors, and I'll fight to establish responsibility for the accident in the case of the negligent party.
If you've been injured, I'm here as an experienced motorcycle accident attorney to help you work through your case. Here's what you need to know about determining fault in a personal injury case involving a motorcycle accident.
How Is Negligence Determined in New York?
Negligence occurs when a party fails to exercise the level of care that a reasonable person would have under similar circumstances. To succeed in a personal injury claim resulting from a motorcycle accident, the plaintiff (the injured party) must prove the following elements with the help of their motorcycle accident attorney:
Duty of care: The defendant (at-fault party) had a duty to behave in a way that avoids harming others. For instance, all drivers on the road, including motorcyclists, have a duty to follow traffic laws and operate their vehicles safely.
Breach of duty: The defendant breached this duty of care by doing something unsafe or failing to act reasonably under the circumstances. For example, a driver who runs a red light and collides with a motorcycle would be considered to have breached their duty of care.
Causation: The breach of duty must have directly caused the injury to the plaintiff. In a motorcycle accident, this means that the defendant’s unsafe actions must have directly led to the crash and the rider’s injuries.
Damages: The plaintiff must show that they suffered actual damages as a result of the accident, such as medical expenses, pain and suffering, lost wages, or disability.
If the plaintiff is able to prove these four elements, the defendant can be held liable for the motorcycle accident and any resulting injuries. However, New York's unique comparative fault laws play a role in determining how damages are distributed when both parties are at least partially at fault for the accident.
What Is New York’s Comparative Fault Rule?
New York follows a comparative fault system, which means that a plaintiff can still recover damages even if they were partially responsible for the accident. However, their compensation will be reduced in proportion to their degree of fault.
For instance, if a motorcyclist is found to be 20% responsible for the accident (for example, if they were speeding), but the other driver is 80% responsible (for example, if they ran a red light), the motorcyclist would still be able to recover damages. However, their recovery would be reduced by 20%, reflecting their share of the fault.
This principle is codified in New York Civil Practice Law and Rules (CPLR) Section 1411, which states that a plaintiff’s contributory negligence doesn't bar recovery of damages but reduces the amount based on the degree of fault assigned to the plaintiff. Now that you have a strong sense of the comparative fault rule, I can discuss the factors that help determine fault.
Determining Fault in a Motorcycle Accident
Fault in a motorcycle accident is determined by evaluating the facts of the case, the actions of each party involved, and whether those actions align with traffic laws and reasonable safety standards. Several factors contribute to the determination of fault, including:
Traffic Laws and Regulations
Motorcycle accident claims often hinge on whether one party violated traffic laws. New York, like all states, has strict traffic regulations, and drivers and motorcyclists must adhere to these rules to prevent accidents. Some common traffic laws that may be relevant in motorcycle accident cases include:
Speeding: If a motorcyclist or driver exceeds the speed limit or drives too fast for conditions, such as in bad weather, they may be found partially or fully at fault.
Right of way: New York’s traffic laws dictate who has the right of way in various situations. For example, if a driver fails to yield to a motorcyclist at an intersection, this can be a major factor in determining fault.
Failure to signal: If a driver or motorcyclist fails to use turn signals when changing lanes or making turns, it could be seen as negligent behavior, contributing to the accident.
Driving under the influence (DUI): If a driver is intoxicated and causes a crash, they're typically deemed entirely at fault for the accident.
Reckless or aggressive driving: If a driver engages in aggressive driving behavior, such as tailgating or road rage, this could be a factor in determining fault.
Motorcyclists themselves must also adhere to safe driving practices.
Contributory Negligence by the Motorcycle Rider
In some cases, a rider’s actions may contribute to the accident. This could include:
Failure to wear a helmet: While New York State law mandates helmet use for all motorcyclists, failure to wear a helmet isn't typically a determining factor in assigning fault for the accident itself. However, it could impact the severity of the rider’s injuries and the amount of damages they can recover.
Lane splitting: Lane splitting, or riding between lanes of traffic, is illegal in New York. If a motorcyclist is found to be lane splitting at the time of the accident, it may be considered a breach of duty, contributing to fault in the crash.
Riding without proper training or licensing: A motorcyclist who operates a motorcycle without a valid license or proper training may be considered partially at fault for the accident, depending on the circumstances.
In many motorcycle accident cases, witnesses play an essential role in determining fault.
Witness Testimonies and Statements
Eyewitness testimony from other drivers or pedestrians who saw the accident occur can be valuable in helping me, Attorney Steven R. Smith, reconstruct the events leading up to the crash as your motorcycle accident attorney.
Video evidence, such as dashcam footage, can also provide clarity on the sequence of events. If a witness can confirm that a driver violated a traffic law, such as running a red light or turning without signaling, it may strengthen the case against the driver.
In some cases, an accident reconstruction professional may be hired to determine how the accident occurred based on physical evidence.
Physical Evidence and Accident Reconstruction
The location of skid marks, the point of impact, and the positions of the vehicles after the crash can be analyzed to determine the sequence of events. Motorcycle accidents often involve complicated dynamics, especially in the case of high-speed crashes, so professional testimony can be crucial in establishing who's at fault. Police reports are also essential.
Police Reports
Police officers often respond to motorcycle accidents and file reports detailing their observations. A police report can include information about the scene, the parties involved, and any citations issued to the drivers.
While a police report isn't automatically determinative of fault, it's a key piece of evidence in determining how the accident occurred. If the officer determines that one party was responsible due to traffic violations or unsafe driving, this can be persuasive in a personal injury case.
Insurance Company Investigations
Insurance companies play a major role in determining fault, as they're responsible for compensating the parties involved in an accident. Insurance adjusters review all available evidence to assess the degree of fault of each party.
This may include interviewing witnesses, examining police reports, and assessing the damage to the vehicles. In cases where liability is unclear, insurers may hire independent investigators or accident reconstruction professionals to help establish fault.
Now that you have an idea of the factors that are considered when determining fault in a motorcycle accident, I can discuss the different types of fault.
Types of Fault in a Motorcycle Accident
Fault in a motorcycle accident can be categorized into three different types, depending on the specific circumstances of the crash:
Primary fault: In some cases, one party may be fully responsible for the accident, leaving no room for shared fault. For instance, a driver who runs a red light and collides with a motorcyclist could be deemed solely at fault for the crash.
Shared fault: In many cases, both parties share responsibility for the accident. For example, a driver might make an unsafe lane change that causes an accident, but the motorcyclist might be speeding and unable to react in time. In such cases, fault will be divided based on the degree of negligence exhibited by each party.
No fault: New York is a no-fault state in terms of car insurance, meaning that injured parties typically seek compensation from their own insurance provider for medical expenses, regardless of who was at fault. However, this no-fault system doesn't apply to claims involving pain and suffering or property damage, which are typically pursued through a negligence-based claim. Motorcyclists, however, aren't covered by the no-fault insurance system in New York, so they must rely on proving fault and pursuing damages from the responsible party’s insurance.
Ultimately, fault determination involves a combination of legal principles, factual analysis, and professional testimony, making it crucial for victims to consult experienced motorcycle accident attorneys to work through the legal process effectively.
Contact a Motorcycle Accident Attorney Today
If you've been injured in a motorcycle accident due to the negligence of another motorist, it's in your best interest to seek out the help of an experienced motorcycle accident attorney. At the Law Office of Steven R. Smith, I serve clients in New York and Long Island, including Hempstead, Westbury, Mineola, and New Hyde Park. Contact me today to schedule a consultation.