Given that motorcycles are smaller and sometimes follow somewhat different rules than other vehicles on the road, it can be more difficult to determine who is at fault. The more that you are found at fault, the less that you will be compensated for the motorcycle accident and your insurance company may be footing the entire bill.
The Driver Not Seeing You
One of the most common reasons why motorcycle accidents occur is because the other motorist did not notice the bike. As a result, the motorist might argue that there was no way he or she could have noticed or avoided you. However, even though you should take steps to make your motorcycle more noticeable, it is the responsibility of the other motorists to notice you.
To demonstrate that the motorist should have noticed you, it will be necessary to recreate the scene so that the judge can visualize how the other motorist was at fault. Recreating the scene will require photographs, a police report, witness testimony, skid marks and the impact points.
One of the most common types of motorcycle accidents is a head-on collision resulting from a motorist turning into the path of the motorcycle. Therefore, it is important to carefully watch for motorists that are turning their wheels in the direction of your lane so you can slow down and try to avoid the accident. The more obvious it is that you took steps to avoid the accident, the more likely that you will not be held responsible for it and will receive the greatest compensation possible.
Another common problem is lane splitting. This is when a motorcyclist travels in-between cars when they are stopped. This can cause a problem if the motorists suddenly begin moving, do not notice you and end up hitting you. Even though lane-splitting is not illegal, it is often not looked upon favorably and those who engage in the practice are more likely to be found liable for any damages that result. However, your lawyer might be able to reduce your comparative damages.
The Role of Your Lawyer
Since it can be difficult to know how to deflect blame, you should get assistance from a motorcycle accident attorney. The attorney will listen to your explanation of the event and will then be able to help you craft a narrative that will clarify why you are not at fault based on the current laws.
13 June 2015
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