Who Is At-Fault in Most Motorcycle Accidents?

Determining who is at fault in most motorcycle accidents is highly complicated and based on the circumstances of each crash. Motorcycles are smaller and less visible, meaning passenger vehicle drivers may be more to blame in some situations. Yet motorcycle riders may take more risks, putting themselves partly at fault for an accident.

To help answer this question, a professional motorcycle accident attorney in Nashville discusses what you need to know after you’ve been hurt in a motorcycle crash. Call us at (615) 864-0343 to discuss your case in a free consultaiton today.

When Other Motorists Could Be at Fault

According to the Department of Transportation (DOT), Tennessee motorcycle registrations in 2023 accounted for only 3% of all motor vehicle registrations in the state. That makes motorbikes rare on the highways and rural roads, meaning drivers in larger vehicles are less likely to be on the lookout for them.

Here are some examples of reasons why other motorists could be at fault in your motorcycle accident:

• Not looking both ways before entering a highway
• Failing to check for motorcycles in blind spots before changing lanes
• Tailgating a motorcycle
• Brake checking a motorcycle
• Driving aggressively to “teach a lesson” to a motorcyclist
• Driving drunk or while drowsy
• Failing to obey traffic laws
• Failing to maintain their lane and sideswiping a biker

Careless, negligent, and even intentional acts by passenger drivers can lead to devastating injury for someone on a motorcycle. Your attorney can collect evidence to demonstrate how they are to blame and seek compensation for your bills.

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When a Motorcyclist Could Be to Blame

Motorcycle riders could be at fault due to a lack of training or attention. In Tennessee, you must be at least 16 years old and complete a Motorcycle Rider Education Program (MREP) before you can receive your license. Even after you’ve completed that class and ridden for many years, you must keep your skills sharp and be cautious.

You should also follow Tennessee motorcycle safety laws, which include:

• Wearing a DOT-approved helmet that meets federal safety standards
• Using headlights at night and during the day
• Wearing eye protection, such as goggles or a face shield, unless your bike has a windshield
• Having a rear-view mirror, muffler, and footrests on your motorcycle
• Having a passenger seat if you are transporting a passenger
• Refraining from lane splitting, which is illegal in Tennessee (T.C.A. Section 55-8-182)

Tennessee is one of the most dangerous states for driving, and motorcycles must obey all traffic laws to avoid injury. Any evidence indicating that you engaged in negligent behavior can potentially reduce your settlement.

Deciding Fault in a Motorcycle Accident Case

In an insurance claim or personal injury lawsuit, securing compensation depends on showing who is most at fault. This requires both sides to present evidence of what happened and to negotiate the level of fault each party bears. Evidence may come from various sources, such as:

• Traffic and dashboard cameras
• Witness statements
• Police accident reports
• Accident reconstruction reports
• Medical records
• Vehicle repair estimates
• Photos of the accident scene, your injuries, and property damage

Your Nashville accident lawyer can use this material to establish negligence against the other motorist, but the insurance company or defendant will do the same as a way of minimizing what they must pay. Under Tennessee’s modified comparative fault law, you can’t seek damages from another party if you are more than 51% to blame.

Let Selvidge Injury Law Handle Your Motorcycle Crash Claim

Motorcycle bias is very real, and your case may become a matter of one side’s word against the other unless your attorney can present powerful evidence of who is wrong. At Selvidge Injury Law, our Nashville personal injury law firm will protect your rights against unfair accusations and work to maximize your settlement. Schedule a free consultation with a Nashville motorcycle accident attorney when you contact us today.