In the wake of motorcycle accidents, figuring out who should pay for injuries and property damage is based primarily on who was at fault in the incident. Both the circumstances of the accident and the governing state laws must be considered when determining this, but the answers are rarely simple. Read on to learn more about how the courts determine fault in motorcycle crashes.
No-Fault Theory
Some states use a no-fault theory of liability in motorcycle accident cases. In this scenario, all injured parties are compensated for their injuries and other damages through their own insurance companies. You compensation is therefore limited by your insurance coverage, so if you live in a state with this no-fault liability system, make sure you have adequate coverage in the event of an accident. Of course, having adequate insurance is important no matter where you live, to make sure you will be covered no matter what.
At-Fault Theories
When attempting to determine blame in motorcycle accidents, it can get complicated in states that take fault into consideration. In these states, you file the insurance claim with the at-fault driver’s insurance carrier. This is why it’s important to establish who is to blame for an accident. The degree of liability each driver bears determines how much each party is responsible for paying.
Comparative Fault
Many states determine accident responsibility comparatively, based on three common types of comparative fault. The first is called pure comparative fault. In this scenario, drivers can only recover money that pays for the percent of damages they did not cause. The 51 percent rule is a proportional comparative fault scenario that says drivers can only recover money if they are less than 51 percent accountable for the accident. The third is the 50 percent rule. To recover damages under the 50 percent rule, a driver must be less than 50 percent responsible.
How Fault is Determined
Fault is determined by looking at all the factors that caused the accident. This might include weather and road conditions, how fast the vehicles were going and whether the drivers were impaired. Operator error, failure to observe traffic laws and signage, and potential distractions are also considered.
If you have been involved in a motorcycle accident and you believe that another driver was responsible, it is important to consult a lawyer who is experienced with the governing laws of your state. Accident attorneys can advise you about the liability standards in your state and how fault may be determined in your particular case.
If you have been involved in a motorcycle accident in Idaho, contact the experienced accident and injury attorneys at Montgomery Dowdle Law today. With more than 35 years’ experience, their knowledgeable lawyers can help you understand the intricacies of filing a claim and receiving appropriate compensation for truck, auto and motorcycle accidents.