Motorcycle accidents are common, with over 7 million riders on the road and many more riding in cities. Accidents take lives and cause severe injuries and a great deal of damage. Knowing when someone is at fault can be confusing due to the speed and power involved in driving a motorcycle. To determine who was at fault for an accident, it is essential to know what determines liability. It can significantly affect the outcome of the victim’s claim for damages.
Factors Used to Determine the Fault at a Driver in a Motorcycle Accident
1. Intent
It is an essential factor in determining fault. If the at-fault driver did something intending to cause harm, then they will be liable. Intent does not necessarily mean that the driver planned on causing an accident. In some cases, it could be that the driver acted thoughtlessly and caused harm. For example, a speeding motorcyclist who ran into a car because he was distracted might not have intended to kill anyone. However, he would still be liable for any injuries and damages caused by his actions.
2. Knowledge
It is the most critical factor. If a driver knows that they should not be in that location at that time, understands the consequences of their actions, but still decides to cause harm, they will be responsible for accidents caused by their actions. It is essential to understand that they can infer some knowledge. A driver may know they should not drive while fatigued, but they might not understand precisely how tired they are.
3. Reasonable Actions
If a driver’s actions were reasonable, they would not be responsible for causing harm. For example, a driver might have the right of way if another driver was driving at an excessive speed and did not have time to react to avoid an accident. Drivers should also be aware of their surroundings and other drivers, which can help them react to dangerous situations.
4. Violation of Traffic Laws
The driver at fault for an accident is usually the one who broke the law. Violation of traffic laws does not necessarily mean the driver was going too fast or driving recklessly, but it can be any offense. In most states, a driver must follow all simple traffic laws, such as stopping at a stop sign or not running red lights. Failing to comply with traffic laws can make a driver liable for damages caused by accident.
5. Negligence
In most states, a driver is negligent if they are not careful and do not use good judgment when operating their vehicle. Some examples of negligence include running a red light or driving too fast. If a driver knows they’re not far from an intersection and still make an unsafe turn or drive too fast, they could face liability in a motorcycle accident.
When determining fault in a motorcycle accident, it is essential to remember that all drivers should know the rules of the road and follow them. It also helps drivers be aware of their surroundings, other drivers, and behavior. Not only should drivers avoid causing accidents, but they should also take the proper precautions to avoid the causes of motorcycle accidents.
