Motorcycle accidents can have severe repercussions, ranging from serious injuries to substantial property damage. If you or someone you know is involved in a motorcycle accident in Bozeman, Montana, or elsewhere in the state, it’s vital to understand how fault and liability are determined. Anthony Jackson and the team at AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law are here to help you through this complicated process while ensuring your rights are protected.
How is Fault Determined in Motorcycle Accidents?
The first step in any motorcycle accident case is determining who is at fault. Several key factors are examined to establish fault, including:
- Traffic Law Violations: Violation of traffic laws (such as speeding, ignoring traffic signals, or failing to yield) often pinpoint who is at fault. Montana’s traffic laws are designed to maintain safety, and violating these laws can lead to liability.
- Negligence: Distracted driving, impairment, or other forms of negligence can render the driver legally responsible. Proving negligence involves showing that the driver didn’t exercise reasonable care.
- Road Conditions: When poor road conditions contribute to accidents, local government agencies may be held liable for failing to maintain safe roadways.
- Vehicle Maintenance Issues: Vehicle owners are required to perform regular maintenance. If a preventable issue leads to an accident, liability can result.
Comparative Negligence in Montana
Montana follows a rule called “comparative negligence,” meaning fault can be shared among several parties. Under this rule, the injured victim’s compensation can be reduced by his or her percentage of fault. For example, if a jury finds you to be 20% at fault, your compensation will be reduced by 20%. In part, because many people do not understand motorcycles or how the laws uniquely apply in motorcycle crashes, juries or even law enforcement may assign more fault to you than is appropriate under the law and facts of the crash. The risk of being found at fault for a crash you did not cause is one reason it’s crucial to seek counsel from an experienced motorcycle accident attorney and law firm, such as AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law, to help combat comparative negligence assertions and maximize your compensation.
Establishing Liability Includes Several Factors
To establish liability, you must prove that the other party was at fault and that their actions caused your injuries or damages. The key elements of establishing liability include the following:
- Duty of Care: Demonstrating that the other party owed you a duty of care. All drivers are required to operate their vehicles safely and follow traffic laws.
- Breach of Duty: Showing that the other party breached this duty by acting negligently or recklessly.
- Causation: Proving that the breach of duty was the direct cause of the accident and your injuries.
- Damages: Establishing evidence of your damages, including medical expenses, lost wages, pain and suffering, and property damage.
Common Causes of Motorcycle Accidents
Several factors can cause motorcycle accidents, and understanding these can help determine fault and liability. Common causes can include factors such as:
- Distracted Driving: Drivers using their phones, eating, or engaging in other distractions pose a significant risk to motorcyclists.
- Impaired Driving: The use of drugs or alcohol impairs a driver’s ability to operate their vehicle safely, leading to accidents.
- Speeding: Excessive speed reduces reaction time and increases the severity of accidents.
- Failure to Yield: Many accidents occur when drivers fail to yield the right-of-way to motorcyclists.
- Lane Filtering: Although legal in Montana, many people do not see or look for motorcyclists who are lane filtering.
Important Steps to Take After a Motorcycle Accident
If you’re involved in a motorcycle accident in Bozeman, it’s crucial to take specific steps to protect your rights:
- Seek Medical Attention: Your health is the top priority. Seek immediate medical attention, even if you feel fine, as some injuries may not be immediately evident.
- Document the Scene: Take photos of the accident scene, your injuries, and any damage to your motorcycle.
- Obtain Witness Information: Gather contact details from witnesses. Their statements can be crucial in establishing fault.
- Report the Accident: File a police report; this will serve as the official record of your accident.
- Contact an Experienced Attorney: Call Anthony Jackson at AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law to discuss your case. We can guide you through the legal process and help you secure the compensation you deserve.
At AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law, we understand the unique challenges motorcyclists face. Attorney Anthony Jackson has extensive experience handling motorcycle accident cases in Bozeman and throughout Montana and has over thirty years of experience riding motorcycles. Our team is dedicated to providing customized, compassionate legal representation to help you through this uncertain time.
Contact AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law for Expert Legal Assistance
Contact us today for a free consultation, and let us help you get the accident compensation you deserve while defending your rights.
Understanding fault and liability in motorcycle accidents can be daunting, but with the proper legal support, you can overcome these challenges and secure the justice you deserve. For expert guidance and dedicated representation, you can turn to Anthony Jackson at AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law.Click here to visit our Montana Personal Injury Frequently Asked Questions page. Click here to visit our Motorcycle Accidents practice page.