Motorcycle Accident in Miami or Florida: Determining Fault
When it comes to determining who was at fault in a devastating motorcycle accident, several parties might be held accountable.
Driver Error. The most common accident is when a car turns in front of a motorcycle, hits the motorcyclist while changing lanes, or runs into him or her at a stoplight. Usual reasons for the driver not seeing the motorcyclist are inattention, blind spots, distractions, and that the driver is looking for cars rather than motorcycles. Motorcycles can fit without difficulty in blind spots and drivers in cars and trucks may have a hard time accurately knowing how close motorcyclists are to their vehicles and may be unable to judge their speed, increasing the chance of an accident.
Drivers, Owners, and Employers. Drivers and owners of vehicles who cause an accident are responsible for the injuries inflicted by the wreck. Motorcycle accident victims can also file third-party liability claims, in case the driver responsible for the crash was in the course of his employment at the moment of the collision.
Faulty Equipment. Accidents can take place even when no driver is at fault. Vehicle defects that go undetected by the manufacturer can cause an accident, or deficient safety equipment may fail to protect the motorcyclist the way it should. When products fail and cause harm that should have been avoided, an experienced lawyer may find it necessary to pursue a product liability case. Product liability claims might also be filed against government agencies or other entities responsible for roadway design or maintenance in case this was a contributing factor to the accident. Motorcycle accident victims can also file third-party liability claims, in case the driver responsible for the crash was in the course of his employment at the moment of the collision.
Manufacturers. If a defective motorcycle design, manufacture, or assembly contributed to the accident, the maker would be a target defendant in the case. If there is a failure in safety gear, for example, a helmet that didn’t guard against harm the way it was supposed to, then the manufacturer and seller would be additional sources of recovery.
Dangerous Conditions. Motorcycle technology has advanced over the years to increase rider safety. Many bikes now come fitted with anti-lock braking systems and traction control. These developments still may not exclude all dangers. Poorly maintained roads, liquids that are leaked or spilled on surfaces, or inadequately engineered streets and highways can lead to accidents and injuries.
Sometimes the process of establishing liability can be quite complicated. For example, a vehicle that hits another motorist while making a left-hand turn is usually liable for the resulting crash. If however the motorcyclist was traveling at excessive speed or was passing the vehicle within the same lane, he or she is partially at fault for the accident, and recoverable damages are reduced.