How is fault determined in auto accidents between motorcycles and cars?

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What is the verdict on accident fault for accidents with motorists and motor bikes? I was driving speed limit in a residential part of town. I was changing lanes and a speeding motorcycle I had no prior visibility on rear ended me. The biker flipped off and is in the hospital with some fairly serious injuries. The fault and damages are still being evaluated by the insurance companies. Will I be at fault? Should I hire a lawyer?



Determining fault in motor accidents can be rather complicated in some cases. Although the driver hit from behind is frequently found to be the innocent party, other factors, including whether you gave adequate notice of your lane change, must be considered, too. There is no automatic accident fault with motor bikes and cars.

When available, statements made by the drivers and any eyewitnesses must be obtained, as well as copies of any police reports. Law enforcement officials charged with determining accident fault with motorcycles and other vehicles will carefully examine the accident scene, looking for skid marks and other evidence to help them better understand how the accident occurred. They’ll also examine the vehicles involved for further clues as to who may have been at fault.

It’s always wise to hire a lawyer when you’ve been in a vehicle accident that caused serious injuries to one or both parties. You need someone who knows how to investigate the case, protect your interests and present your side of the story should the matter go to trial.

Even if a court case isn’t filed, a lawyer can help advise you if you’re questioned by the other driver’s insurance company so that you can obtain the full financial sum you’re entitled to under the law. Attorneys know how to negotiate fair settlements on behalf of their clients.

Among other topics, your lawyer may also need to advise you about what it can mean to live in a “fault” or “no-fault” liability state or one where the state law is primarily governed by tort law.