November 1, 2024

Liability in Motorcycle and ATV Accidents: Who’s at Fault?

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In the wake of a motorcycle or ATV accident, determining fault is crucial to securing compensation for injuries, lost wages, and emotional suffering. With 82,000 motorcycle-related injuries each year (https://www.nhtsa.gov), understanding liability can make a significant difference for injured riders. At The Low Law Firm, led by attorney Tara Gilmore-Low, we help clients navigate the complexities of liability, holding the right parties accountable.

Liability in these cases can involve other drivers, product manufacturers, or even government agencies responsible for road conditions. Here’s a closer look at each potential party and how they can impact a motorcycle or ATV accident case.

1. Other Drivers and Shared Road Liability

In many motorcycle and ATV accidents, liability falls on other drivers who share the road. Due to the smaller size of motorcycles and ATVs, they’re often harder to see, placing riders at higher risk.

Common Causes of Driver Negligence:

  • Failure to Yield: Accidents often occur when a driver fails to yield, particularly during left turns. These incidents can be severe for motorcyclists.
  • Distracted Driving: Distracted driving contributes to over 3,000 deaths each year (https://www.cdc.gov). When a driver is distracted, they may overlook motorcyclists or ATVs, resulting in collisions.
  • Driving Under the Influence (DUI): Impaired drivers pose a great risk, as slower reactions and poor judgment are particularly dangerous for motorcyclists who rely on alert drivers.

In cases where another driver’s negligence is the primary cause of an accident, victims may file a personal injury claim. The Low Law Firm works with clients to gather evidence like eyewitness testimonies, police reports, and camera footage to strengthen their cases.

2. Manufacturer Defects and Product Liability

At times, a motorcycle or ATV accident may be caused by a defect in the vehicle itself. According to consumer recall reports, common mechanical failures like brakes, tires, and steering can lead to accidents (https://www.cpsc.gov).

Examples of Defective Parts:

  • Brake Failures: Faulty brakes can prevent riders from stopping safely.
  • Tire Blowouts: Tire defects may cause blowouts, leading to loss of control.
  • Steering Malfunctions: Issues with steering parts can increase accident risk.

Product liability cases may fall under design defects, manufacturing defects, or failure to warn. In product liability cases, The Low Law Firm consults with mechanical experts and reviews recall information to build solid cases for clients injured by defective parts.

3. Road Conditions and Government Liability

Poor road conditions pose a significant hazard to motorcycles and ATVs. Hazards like potholes, gravel, and poor signage can cause accidents, particularly for riders who rely on stable terrain. Government entities responsible for road maintenance may be liable, though pursuing claims against them can be complex due to sovereign immunity.

Key Points About Government Liability:

  • Sovereign Immunity: Government agencies have certain legal protections, though exceptions exist for unsafe road maintenance.
  • Notice Requirements: Many states, including Texas, require accident victims to file a notice within six months.
  • Proof of Negligence: Showing that the agency was aware of unsafe conditions and failed to act can strengthen a claim.

According to the Federal Highway Administration, hazardous road conditions contribute to 30% of motorcycle accidents (https://www.fhwa.dot.gov). The Low Law Firm is well-versed in handling government liability cases and guiding clients through the specific requirements to ensure a strong case.

How Liability Affects Compensation

Liability plays a vital role in determining the compensation available to victims. Texas follows a modified comparative negligence rule, which means that a victim’s compensation may be reduced if they are found partially responsible (https://statutes.capitol.texas.gov).

Types of Damages:

  • Medical Expenses: Covering surgeries, therapy, and ongoing medical care.
  • Lost Wages: Compensation for time away from work or long-term disability.
  • Pain and Suffering: Damages for physical and emotional trauma.

Attorney Tara Gilmore-Low and her team work tirelessly to help clients understand their rights and fight for fair compensation based on the extent of injuries and fault.

Protecting Your Rights After a Motorcycle or ATV Accident

At The Low Law Firm, we know how overwhelming a motorcycle or ATV accident can be. Our team is here to support you in establishing liability, gathering essential evidence, and securing compensation for your injuries. Led by Tara Gilmore-Low, we advocate for justice and work to ensure that injured riders get the support they need.

If you or a loved one has been injured in a motorcycle or ATV accident, contact The Low Law Firm today. We’ll guide you through your options, build a strong case, and pursue the full compensation you deserve.

For more information on personal injury cases and legal support, visit trusted resources like the National Safety Council (https://www.nsc.org) and NHTSA (https://www.nhtsa.gov).