How Fault Is Determined After a Motorcycle Crash

If a person is injured in a motorcycle accident in Florida, the party who is at fault for the accident could be financially liable for any damage they cause. A Fort Lauderdale motorcycle accident lawyer could help evaluate the facts of a crash and determine who is ultimately to blame.

This is an important early step in a personal injury case. Determining fault helps narrow down the potential liable parties in a lawsuit, and it also serves as the basis for a theory of negligence. Without showing another party’s negligence was to blame for the crash, financial compensation may not be an option.

Understanding Negligence and Its Role in Determining Fault in Motorcycle Accidents

In order to determine who is ultimately to blame for a crash, it is necessary to evaluate each person using the negligence standard. In general, negligence is some form of careless or reckless act that leads to an accidental injury. In total, there are four elements that must be met to establish negligence in a motorcycle accident case.

Establishing a Duty of Care in Motorcycle Accident Cases

The first step in these cases is to establish that a duty of care existed. The driver who caused your accident must have owed you a duty of care at the time of the crash to be liable for any of your losses. This element is rarely in dispute in these cases, given that every motorist has an obligation to drive safely on public roadways. If you were injured by another driver in a crash, they had an obligation to take reasonable steps to avoid an accident with you.

You Must Prove the Defendant Breached the Duty of Care

Once you establish the duty of care exists, the next step is to prove that it was breached by the other party. This is often the most contentious aspect of determining fault in a motorcycle crash.

Breaching this duty of care usually comes in the form of a moving violation or some other breach of the law. Some of the most common examples include the following:

• Speeding
• Failure to yield the right-of-way
• Following another car too closely
• Running a stop sign
• Aggressive driving
• Impaired driving
• Fatigue

Any of these factors could be evidence of a breached duty of care.

There Must Be Causation

The third element requires a causal link between your physical injuries and the other driver’s duty of care. This element exists in order to limit your recovery to losses caused directly by the defendant’s actions.

You Must Suffer Compensable Damages

The final element of negligence is determining if you suffered compensable damages. Any financial, emotional, or physical losses linked directly to your accident can qualify. Some common examples include medical expenses, lost wages, and pain and suffering.

Identifying the Responsible Parties in a Motorcycle Accident

Part of determining fault in a motorcycle accident case is identifying who caused the crash. No two accidents are exactly the same, and there are countless potential causes of a collision. In some cases, the at-fault parties might not be immediately obvious.

The obvious target in these situations is the motorist that struck you. This is a natural assumption, as human error is the primary cause of motorcycle accidents. Other motorists are frequently to blame, but they are not the only individuals or entities that might also be at fault. There could be additional parties that share the blame in some cases.

For example, if you were injured by a negligent driver, you might also have a case for compensation against the company they work for if they were acting within the scope of their employment at the time of the crash. In that scenario, you can pursue legal action against both the motor vehicle driver and their employer.

While human error is typically to blame, there are times when a collision occurs that has nothing to do with the actions of the other driver. Defective vehicles or parts can lead to a crash, even when you make every effort to avoid one. You have the right to pursue legal action against the manufacturer of a defective part if it caused your crash.

The Impact of Comparative Fault on Motorcycle Accident Compensation

Although there are times your case might boil down to identifying one person who was entirely responsible for your crash, many collisions are not so straightforward. In fact, you might share in the blame for an accident to some degree. While this might not prevent you from recovering compensation, it can impact the amount you ultimately receive for your injuries and other losses.

Florida follows a legal standard known as modified comparative negligence, which is governed by Florida Statutes § 768.81. Under the law, an injury victim can only recover damages in a motorcycle accident lawsuit if they are found to be 50% or less responsible for the crash. If their percentage of fault is more than 50%, the law bars them from recovering anything from the other driver.

Additionally, plaintiffs who are partially to blame will see their recovery reduced under modified comparative negligence laws. This reduction is based on the degree of fault in the accident. For example, a motorcyclist who is 30% at fault will have their total damage award lowered by 30% by the court.

Learn More About Determining Fault in Your Motorcycle Accident Injury Case

Determining fault in a motorcycle accident case is an important first step, but it will not guarantee that you will recover monetary damages. The process of holding a negligent party accountable can be long and challenging, especially on your own. Hiring a motorcycle accident attorney to handle the insurance company of the at-fault driver, negotiate for a fair settlement, or take your case to trial if needed will give you the time to focus on recovering from your severe injuries.

Chalik & Chalik Injury Lawyers are here to help you maximize your financial recovery after a motorcycle collision. We have spent years fighting on behalf of the injured. Contact us today for a free consultation to discuss your legal options.