Determining Fault In A Car-Motorcycle-Bike Or Truck Accident
- March 6, 2017
There are similarities involved in car, motorcycle, truck and bike accidents, but there are differences, as well. Here, we’ll discuss both and what you should do if involved in an accident.
When involved in a car accident, determining who is at fault can be simple or difficult. This depends on the type of accident and what situation occurred. For instance, if one of the drivers was intoxicated, it is more than likely his fault. Even if the fault falls on the other driver, the fact that he is intoxicated ends his case for compensation.
It’s important to gather evidence in a car accident. Photographs, videos, witness statements, police reports and medical reports can be used to determine who is at fault.
Once evidence is gathered, it will need to be applied. If your state is a “no fault” state, each insurance company is responsible for their client’s claims.
Contributory negligence means if one driver is even a bit at fault, he can’t recover damages. In a comparative fault 51 percent state, you can’t recover if you are more than 51 percent at fault. If you are less than 50 percent at fault and live in a comparative fault 50 percent state, you can collect damages of the percentage that you were not at fault.
Motorcycle rules are basically the same as with a car accident with just a few additions. In a motorcycle accident, the conditions of the road and weather are taken into consideration as well as the speed of the vehicle and if the driver of the vehicle was impaired.
Determining fault is just as with a car as far as the type of state you live in. An experienced attorney would know if your state is a “no fault” state or the type of comparative it is.
When a bicycle is involved in a collision, there can be serious damages. The insurance company is more likely to side with the rider of the bike because if you’re more than 50 percent at fault, they won’t have to pay.
A knowledgeable attorney knows what evidence to look for to show the rider of the bike was at fault. For instance, was the rider wearing protective headgear if they were under the age of 16? If the accident occurred at night, they should have a light on the front and reflector on the back. They should ride in the same direction as traffic and in the bike lane. If there is no bike lane, they should ride as close to the side of the road as possible.
Another thing a personal injury attorney may look for is defective equipment. If this is found, the bike manufacturer can be held liable for the accident.
An accident with a big truck can be deadly. It is extremely important not to wait after an accident of this magnitude. Evidence can disappear, and there are laws that protect trucking companies. Companies will fight for drivers and spend any amount for the outcome they desire.
Just as with any accident, there may be manufacturer defects that contributed to the accident. Your attorney will inspect the truck, trucking logs, company records and maintenance records. This information can tell him things like if the driver is fatigued from driving too long or if the truck wasn’t cared for properly such as tire changes.
There are a few differences in car, truck motorcycle or bike accidents. Regardless, these differences can make all the difference in determining fault. An experienced attorney knows the law and knows what to look for to find fault and get compensation for his victim.