Fighting For The Rights Of Georgia’s Injured For Decades

Understanding negligence and motorcycle accident liability

by | Apr 9, 2019 | Firm News

As a motorcyclist, you will know about the inherent risks that come with riding a motorcycle. In the event of a collision, motorcyclists have very little protection in comparison to drivers of vehicles. This is why motorcyclists are more susceptible to serious injuries.

If you were involved in a collision as a motorcyclist, it is possible to be accused of causing the accident even if you suffered more injuries than the other party. Establishing fault in any collision can be a complex process, and this is why it is important to vigorously defend yourself from allegations of fault. You will be better equipped to do this by understanding how negligence affects motorcycle accident liability in Georgia.

Negligence needs to be established

In order to be held liable for an accident, a driver must have been shown to have exercised negligence regarding their duty to keep others on the road safe. Negligence could be shown through a failure to look before making a left turn, or through a driver being under the influence of alcohol when driving, for example.

Negligence could be comparative

Some people falsely believe that if they can show that the other party was negligent, then they are off the hook. This is not necessarily true, because it can be possible for both parties involved to be negligent. This is known as comparative negligence.

Negligence alone is not enough to establish fault

In addition to negligence, causation should be shown in order to establish fault. This means that the plaintiff should be able to show that if it were not for the negligent behavior exhibited by the other party, the damages would not have occurred.

The fault may lie with the manufacturer of your vehicle

It’s important to remember that negligence exhibited by one of the drivers involved is not always the cause of an accident. It can be possible to hold a vehicle manufacturer liable if the accident was caused by a motorcycle defect.

Insuring that you are not held liable for a collision can be difficult to do because pinpointing the exact cause of a collision requires detailed investigation. This is why it is important to take action to correctly establish liability.