Liability in a motorcycle accident is determined by assessing factors like driver negligence, traffic law violations, road conditions, and whether contributory negligence applies.
Many different factors can contribute to a collision involving a motorcycle, but a Charlotte motorcycle accident lawyer can help you prove who’s at fault. There’s a certain legal process that your attorney will abide by.
However, it’s important to reach out to legal counsel as soon as possible. Otherwise, the statute of limitations could expire before you take action, at which point you might lose your right to pursue compensation altogether.
Main Factors That Influence Liability Determination in Motorcycle Collisions
Several factors influence how liability is determined in a motorcycle crash. These factors include the actions of both the motorcyclist and the other driver involved in the collision, not to mention any external circumstances that may have contributed to the crash.
Negligence is a primary concept that attorneys often address when determining liability. A driver would be considered negligent if they failed to act with the level of care that a reasonable person should have exercised under the same circumstances.
This often includes disobeying traffic laws by running a red light, driving above the speed limit, or failing to yield. In motorcycle accidents, negligence can be attributed to motorcyclists and other drivers alike. Here are examples of negligence in motorcycle accidents:
- Motorcycle rider’s negligence: Speeding, weaving through traffic, failing to signal, or riding without protective gear all point to negligent behavior.
- Another driver’s negligence: Failing to check blind spots, running red lights, distracted driving, or making unsafe lane changes are all regarded as negligent actions.
From there, your attorney will likely review eyewitness testimonies, police reports, and insurance investigations. If it’s determined that one of the parties acted negligently, they may be found liable for the accident. Proving negligence is a central part of determining liability.
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Ways the Contributory Negligence Rule Can Affect How Liability Is Determined in a Motorcycle Accident
North Carolina follows a contributory negligence rule when it comes to assigning liability. This means that if you—as the motorcycle rider—are found partially at fault for the crash, you may be barred from recovering damages altogether.
Even if you are found to be a mere 1% responsible for the crash, you could lose your right to compensation as well. It’s important to understand that North Carolina is one of the few states that follow the contributory negligence rule, which can be detrimental for motorcyclists.
In other states, a comparative fault rule may allow for partial compensation, but in North Carolina, contributory negligence can result in a complete bar to recovery. This strict standard is why it’s important to secure legal representation from an experienced attorney.
The Legal Process of Determining Liability
Once evidence is gathered and negligence is established, your lawyer will focus on determining liability through the legal process. This process often involves settlement negotiations, mediation or arbitration, and court appearances.
Negotiations
In many motorcycle accident cases, the parties involved in a motorcycle crash may work toward settling the case outside of court. During these settlement negotiations, both parties—along with their legal counsel and insurance companies—will attempt to reach an agreement.
This agreement is about who is liable and the amount of compensation to be paid by the at-fault party to the victim of the collision. Settlements are an efficient way to resolve liability disputes in personal injury cases without involving a lengthy trial.
Mediation and Arbitration
If settlement negotiations fail, mediation or arbitration may be implemented as a means of resolving the issue of liability. Mediation is a voluntary process where a neutral third party helps both sides reach an agreement.
Meanwhile, arbitration is a more formal process in which an arbitrator makes a binding decision about liability.
Litigation
If the case cannot be settled or resolved through alternative dispute resolution efforts, the matter may proceed to court. In a motorcycle accident trial, both parties will present their evidence and arguments.
From there, either a judge or jury will determine who should be held liable for the collision. During the trial, the plaintiff—which is the motorcyclist—will need to prove that the other party was not only negligent but also that their negligence caused the accident.
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Contact Our Charlotte Motorcycle Accident Lawyer for Help Determining Liability in a Bike-Related Crash
Determining liability in a motorcycle collision is a multifaceted process. It requires careful consideration of driver negligence, traffic laws, witness testimony, police reports, and insurance investigations.
As Your North Carolina Law Firm™, we believe a right without a remedy is just a suggestion™. In other words, the right to file a claim is nothing without experienced legal representation.
We’re here to represent you as your motorcycle accident lawyer in Charlotte. We’ve recovered over $1 billion for our clients, and we’re ready to fight for the maximum compensation in your case.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
