Who is at Fault in Most Kent Motorcycle Accidents?

Posted Friday, October 14, 2022 by Chris Thayer

In most cases, it does not matter who was at fault for a motorcycle accident. There is a difference between fault, which is a preliminary determination, and liability, which is a final determination, just like there is a difference between a halftime score and a final score. An investigator, often an insurance adjuster, determines fault based solely on the evidence immediately available at the scene. A jury determines liability, or legal responsibility for damages, based not only on all evidence but also on applicable legal theories.

Frequently, often because of aggressive driving or driver impairment, four-wheel vehicle operators do not see cyclists in a sea of pickups, SUVs, and other large vehicles. If the other driver was legally responsible for damages, which is usually the case, a Kent personal injury attorney can obtain substantial compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

*First Party Liability* Driver error causes over 98% of motorcycle wrecks in Washington. Defective products, such as defective brakes or tires, cause most of the other 2%. Generally, this driver error is:

• Aggressive Driving: Speed is the most common, and most dangerous, form of aggressive driving. Speed increases the risk of a collision. It gives less time to react to situations like an unseen motorcycle rider. Speed also multiplies the force in a collision. Other kinds of aggressive driving include tailgating, running a red light, and changing lanes unsafely.
• Impaired Driving: Almost half of the at-fault motorists test positive for alcohol and/or drugs. These substances cloud personal judgment, such as the distance between their vehicles and motorcycles, and impair motor skills. Other kinds of impairment include excessive fatigue, a moderate or serious medical condition, and driver distraction. The duty of care requires motorists to be at their best, physically, mentally, and otherwise, when they get behind the wheel.

Sometimes, the motorcycle rider and vehicle operator are partially at fault for a crash. Washington is a pure comparative fault state. If a tortfeasor (negligent driver) is only 1% responsible for a wreck, a Kent personal injury lawyer can still obtain a proportionate share of compensation.

Other car crash defenses include sudden emergency and last clear chance. Comparative fault usually shifts some of the blame. These defenses, if they apply, shift all of the blame.

*Third-Party Liability* Individuals are liable (legally responsible) for wrecks. Frequently, third parties are financially responsible for compensation.

Respondeat superior employer liability is a good example. This theory usually applies in taxi driver, Uber driver, and other commercial operator collisions. Employers are responsible for damages if their employees were negligent during the course and scope of their employment.

Washington law defines key terms, like “employee,” in broad, victim-friendly ways. For example, Uber drivers are normally independent contractors for most purposes. However, these drivers are usually employees for negligence purposes.

Other vicarious liability theories in motorcycle wrecks include negligent entrustment owner liability and dram shop alcohol provider liability.

*Reach Out to a Thorough King County Attorney* Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Kent, contact Pivotal Law Group, PLLC. Virtual, home, and hospital visits are available.