Fault in Your Motorcycle Crash Claim

Few things compare to the freedom of riding a motorcycle on the open road. Unfortunately, as more Americans purchase motorcycles and traffic in general increases, roads are less open and more accidents can happen.

Unlike drivers and passengers in other vehicles, motorcyclists may sustain serious injuries in even minor accidents, and the chance of death is substantially higher. According to the National Highway Traffic Safety Administration, “More than 80 percent of all reported motorcycle crashes result in injury or death to the motorcyclist.”

If you have been in a motorcycle crash, Colombo Law is here to help. If the accident wasn’t your fault, you are entitled to seek compensation for the damages you have sustained. However, motorcycle cases are often complex, requiring a thorough investigation and significant experience.

Call (304) 599-4229 today for a free case review. The party most often responsible for a motorcycle accident is the driver of the other vehicle. While this is usually because of a collision with the motorcyclist, that isn’t always the case. Our attorneys will investigate all liable parties in the accident, including:

The Driver Who Hits You

The most clear-cut case of driver negligence is when another driver hits a motorcycle. This may be because the driver failed to check blind spots when turning or merging, misjudged the distance of a motorcycle on the road, drove distracted, or failed to obey the speed limit and other traffic laws.

The Driver Who Does Not Hit You But Forces You to Crash

If the driver made one of the above mistakes but didn’t actually collide with the motorcycle, he or she may still be responsible for the accident. For example, if an error on the part of the driver forced the motorcyclist to swerve out of the way and collide with a barrier or another vehicle, the driver who caused the motorcyclist to crash could be held liable.

The Manufacturer of Your Bike or a Part

Motorcycles are intricate, powerful machines that require highly detailed, expert engineering and manufacturing. The reason is clear: If a motorcycle part breaks while on the road, whether it’s a brake failure or a cracked wheel, it can cause serious, potentially deadly injuries.

That’s why motorcycle and parts manufacturers are required to produce safe bikes and components. If, for example, they recognize that a part could possibly break but they neglect to recall the product, they may also be held responsible for a motorcycle accident.

A Bar or Restaurant (Dram Shop Law)

In West Virginia, the law dictates that bars, restaurants, and liquor stores are not allowed to sell alcohol to someone who is visibly intoxicated. If a business neglects to follow this law and the patron ends up causing an accident because of their intoxication, the establishment may be held partially responsible for the accident.

Many states have instituted laws (known as dram shop laws) that specify the liability of an establishment that overserves a patron who later causes an accident or injury. West Virginia does not have a specific statute to this effect, but such an action is supported by case law.

The liability of the restaurant, bar, or other business can be a difficult thing to prove, since you have to show that the establishment knew the patron was drunk and continued to serve him or her. However, there are methods our attorneys can use to show this, including eyewitness testimony, interviews, and breathalyzer results.

The Driver’s Employer

If the driver was working when they caused the accident, his or her employer may be held responsible for the consequences. This includes delivery drivers, contract workers headed to a job, truck drivers, and anyone else who is driving as part of their job.

Employers can be held liable because it is their job to hire drivers who are responsible and safe. So, if they failed to perform a thorough background check and hired someone with a history of negligent behavior, the company should bear some of the responsibility for the motorcycle accident.

Contact Our Motorcycle Crash Lawyers Today

Determining who is responsible for a motorcycle accident is no small task – and this is just one part of winning a case. You also have to calculate how much you should receive in compensation, gather evidence, go through negotiations with insurance companies, and – if necessary – present your case in court.

That’s why Colombo Law is here. We give accident victims the knowledge, experience, and support they need to pursue the compensation they deserve for their injuries, damages, and suffering.

If you have been injured in a motorcycle accident in Morgantown, Parkersburg, Clarksburg, Fairmont, Bridgeport, or another area of West Virginia, call Colombo Law at (304) 599-4229 today for a free consultation. With our No Fee Promise, you pay nothing upfront and only pay fees if we win your case.

by Colombo Law
Last updated on - Originally published on