Who Might Be Liable for the Damages from a Motorcycle Accident?
December 9, 2021
Motorcycle accidents are almost always devastating for the riders and their loved ones. In 2019 alone, more than 5,000 motorcyclists died in traffic crashes. What’s more, those who are fortunate enough to survive such wrecks typically sustain devastating injuries that have lifelong repercussions.
If you were seriously hurt in a motorcycle accident, you’re probably wondering how to pick up the pieces in the aftermath. Thankfully, you may be entitled to compensation, assuming you weren’t to blame for the incident. First, however, you’re going to have to determine who was to blame.
Let’s take a look at the various parties that are most often responsible for motorcycle accidents:
1. A Motorist
Drivers who fail to exercise care around motorcyclists in traffic are often deemed liable for any accidents that result. If you were struck by a drunk, drowsy, or distracted driver while riding your motorcycle, you will most likely have to file a third-party claim with their auto insurance carrier.
2. A Manufacturer
If the accident occurred because critical components on your bike — or on the vehicle that struck you — were defective, the associated manufacturer will probably be responsible for the damages. Should this be the situation in which you find yourself, make sure to look for a personal injury attorney who is well-versed in product liability. This is the area of tort law governing actions involving defective products.
3. A Municipality
When designing roadways, government entities must account for all the vehicles that will inevitably use them, including motorcycles. Once the roadways are erected, they must also take reasonable measures to maintain them. This includes clearing snow, filling potholes, and upkeeping traffic signals.
If you think the accident in which you were hurt could have been prevented had the roads been better maintained, you may be able to take action against the agency that has jurisdiction over them.
4. A Motor Carrier
If an 18-wheeler was involved in the collision and it turns out the trucker was to blame, the motor carried that employed them will likely be liable. As a general rule of thumb, employers are responsible for the actions of their employees while on the job. That means if their employees proceed to cause damage, the corresponding compensation usually comes out of the employer’s insurance policy.
Speak with a Lafayette Motorcycle Accident Attorney
At Ball Eggleston, we know how devastating unanticipated injuries can be on the whole family. If you were hurt in a wreck through no fault of your own, we’ll help you quantify the physical, emotional, and financial impacts, so you can pursue compensation from those who were to blame. To set up a free case review with a motorcycle accident lawyer in Lafayette, fill out our Contact Form or call (765) 742‑9046.
The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.