Why Is Determining Fault After a Motorcycle Accident So Crucial?
While establishing fault is important after any accident, motorcycle crashes can be particularly severe, causing catastrophic injuries and substantial damage. You must determine fault to know if negligence caused the crash and who can be held liable for your damages.
Additionally, identifying the at-fault party can help to maximize compensation. Your attorney will know what steps to take to prove legal and financial responsibility, which impacts your ability to claim compensation for:
- Current medical bills
- Ongoing medical expenses
- Lost wages
- Loss of future earnings capacity
- Pain and suffering
Without a clear determination of fault, the insurance company may try to shift the blame to you, reducing the amount you’re awarded or denying your claim altogether. Working with an experienced Arizona motorcycle accident lawyer will help to protect your rights and prove who is liable for your crash.
When Is the Other Driver Liable?
In most motorcycle accident cases, the other driver is typically the liable party. Drivers are legally required to operate their vehicles safely and follow Arizona traffic rules. Failing to do this can create dangerous conditions that ultimately cause a motorcycle crash and injuries.
Examples of when another driver may be at fault for a motorcycle crash include:
- Reckless or careless driving: Not following traffic signs, speeding, or distracted driving can cause serious crashes, such as rear-end collisions.
- Driving under the influence (DUI): Drunk driving is against the law. These drivers may be liable if they cause a motorcycle crash or are caught after a hit-and-run accident.
- Failure to yield: If drivers fail to yield the right of way in Arizona, accidents can occur at intersections or when merging lanes.
- Failure to look for motorcycles: Drivers who don’t notice motorcyclists may cut into their lane or run them off the road.
Could the Manufacturer of My Motorcycle Be Liable?
A motorcycle manufacturer could be liable for your injuries if a defective part or design flaw caused the crash, such as:
- Faulty brakes
- Defective engine parts
- Poorly built tires
- Unstable steering mechanism
- Failure to issue recalls or warnings
Defective designs or manufactured motorcycle parts fall under product liability law, which follows the principle of strict liability. Under this rule, manufacturers can be held responsible even if they were not negligent in the production of a defective product. Through vicarious liability, other parties in the supply chain, including distributors and retailers, may also share liability for the accident.
In these cases, you may need a motorcycle accident attorney to help you identify the liable party. There may be several at-fault parties who can be held financially accountable for your losses. A lawyer is also familiar with laws that affect product liability cases and can help protect your rights.
In What Situations Could a Mechanic Be Liable?
Motorcycle owners rely on mechanics to perform repairs and maintenance with care and competence. Under Arizona law, repair professionals owe a duty of reasonable care when servicing a vehicle. If a mechanic’s negligence causes or contributes to a crash, they may be held liable for resulting injuries and damages.
Common examples of mechanic negligence include:
- Improper repairs: Failing to complete work correctly, skipping critical steps, or performing substandard repairs that leave the motorcycle unsafe to operate.
- Failure to inspect: Neglecting to check components that should have been examined as part of a paid service, such as brakes, tires, or steering mechanisms.
- Use of defective or substandard parts: Installing the wrong part, using low-quality components, or knowingly using a faulty replacement that later causes a malfunction or loss of control.
When a mechanic’s errors or omissions directly lead to an accident, you may have grounds to bring a claim against them for professional negligence.
When Is the Government Liable for the Accident?
In some circumstances, you can file a claim for compensation against the government or a public entity after a motorcycle accident. Examples of when this may happen include:
- Poor road conditions: Excessive potholes, asphalt damage, or other hazards on public roads that were not repaired or maintained could lead to the government’s liability.
- Inadequate road design: Dangerous road curves, improper lane markings, or poorly designed intersections could result in motorcycle crashes that could have been avoided.
- Failure to maintain signs or signals: Missing traffic signs, malfunctioning signals, or confusing signage can also contribute to motorcycle accidents. Negligent municipalities or agencies may be liable in these situations.
While you can file an injury claim against the government in Arizona, the process and timeline are different from other lawsuits. You only have 180 days to file a notice of claim and serve it on the appropriate government representative to initiate the lawsuit.
What Happens If You Are Partly Liable for the Accident?
If you share some fault for your motorcycle accident, Arizona’s pure comparative negligence rule allows you to claim partial compensation for your losses. You are not disqualified from recovering damages because you played a part in what happened.
However, the amount you receive is proportionally reduced by the percentage of fault assigned to you. For example, if you are found to be 20 percent at fault for the motorcycle crash and damages awarded are $100,000, you will receive $80,000 because you were 20 percent responsible for the accident.
Determining liability is crucial when multiple parties share some degree of fault. You want to protect your right to compensation and avoid accepting more blame than is warranted. Work with a trusted legal professional who can guide you through the claims process and advocate for your rights when you are partially liable for the accident.
How the Motorcycle Accident Attorneys at Runion Personal Injury Lawyers Can Help
The time following a motorcycle accident can be confusing and overwhelming for victims and their families. At Runion Personal Injury Lawyers, we understand the struggles you’re facing and are ready to help you fight for justice. We can determine liability and claim the full value of compensation available to you.
Since opening our doors in 2011, our skilled attorneys have achieved a 99 percent success rate, recovering over $50 million in settlements and verdicts. This reflects our determination to maximize compensation for our clients. With our Net Recovery Guarantee, you never pay us more in legal fees than you recover from your case.
Contact us now to schedule a free consultation with a motorcycle accident lawyer in Phoenix or other areas in Arizona. We offer services across the state in both English and Spanish to ensure you understand your rights and have the necessary information to move forward with your case.
