Who's at Fault?
To find out for sure, contact a Motorcycle Accident Lawyer Colorado Springs
No matter who is at fault, a motorcycle accident is usually serious for everyone involved, especially the motorcyclist.
Because of the lack of protection provided by a motorcycle, injuries suffered by motorcyclists involved in accidents are frequently severe, and often life-threatening. Even if motorcyclists are wearing helmets and protective clothing, there is no barrier between them and the road, another vehicle, or some other object, which puts them at much greater risk for injury than those travelling in the protection of an automobile. Depending upon the situation, fault for motorcycle accidents may rest with several different parties, including:
# 1 The Driver of the Automobile
Experts have said that over 50% of all motorcycle accidents are caused by a driver who violates a motorcyclist’s right of way. Motorcyclists may be difficult for other motorists to see, especially at intersections where traffic may be heavy or vehicles are attempting to merge onto a highway. But failure to see a motorcycle doesn’t relieve a driver of his responsibility when it comes to a crash if he or she fails to check his/her blind spots, misjudges the speed and position of a motorcycle, and follows a motorcycle too closely.
# 2 The Motorcyclist
When a motorcyclist speeds, drives erratically, or operates his bike under the influence of alcohol or drugs, he will likely be considered at fault for any accident that occurs. If a motorcyclist drives between two lanes of stopped or slowly moving vehicles, a practice known as lane splitting, fault for an accident will depend upon whether lane splitting is legal where the accident occurred, but there’s a reasonable chance that fault will be attributed to the motorcyclist. However, if the motorcyclist is able to establish that the driver of the other vehicle involved was rapidly changing lanes, weaving, or was distracted by something, that driver may be held at least partially at fault. To know for sure, reach out to a lawyer for motorcycle accident Colorado Springs.
# 3 The Manufacturer of the Motorcycle
If a motorcycle accident is caused by a malfunction of the motorcycle due to a defective design, manufacture, or assembly, the motorcycle manufacturer may be liable. In situations where a motorcycle or its parts have been recalled, retailers have a responsibility to stop selling the motorcycle or pull defective parts from their shelves. If no measures were taken to correct or fix the problem, the motorcycle retailer could also be held liable. If a failure in safety gear, such as a helmet or goggles, caused or made a motorcyclist’s injuries worse, then the maker and seller of the gear might also be held liable.
#4 Once Fault Is Established, Then What?
When motorcycle accidents are caused by the willful or negligent conduct of another party, a personal injury lawsuit can be filed to obtain damages from those responsible. Motorcycle accident lawsuits, like other motor vehicle accident cases, are typically based on claims of negligence, the failure of a person to exercise the level of care that a reasonably prudent and careful person would use under similar circumstances.
To get all your questions answered, you need to contact a Colorado Springs motorcycle accident lawyer as soon as possible.