January 20, 2024 by Marjorie R. Rogers, MA (English), Certified Consultant
When an accident involving a motorcycle occurs, people are usually quick to assume that the motorcycle rider must have caused it in some way.
Motorcyclists have had an agelong reputation as adventure and thrill seekers who tour the roads without any care or caution. However, the statistics do not correlate with this stereotype.
If you’ve been involved in a motorcycle accident, do not have second thoughts about filing a claim. With the right motorcycle accident attorney by your side, you can sue the liable party and get the compensation that is due to you.
Who can be sued?
When it comes to pointing fingers after a motorcycle accident, it’s not always straightforward. Let’s dig into the potential parties who might find themselves on the legal hot seat:
The other driver
The law recognizes your right to compensation when someone else’s actions—be it reckless driving, distracted phone use, or even driving under the influence—caused your accident.
The law demands responsible driving from everyone, and when those behind the wheel break that trust by being reckless, distracted, or intoxicated, they become accountable for the consequences.
When you sue them, you’re not enacting vengeance; you’re seeking justice and assistance in rebuilding your life. There are medical bills to be taken care of and emotional scars you need to heal from. The other party has to take some form of responsibility for the financial and emotional burden they’ve placed on you.
The manufacturing company
Every driver, including motorcyclists, has the right to expect safe parts. When that expectation is shattered by negligence or faulty design, the consequences can be devastating.
Manufacturing defects causing accidents are more common than we’d like to think. These aren’t just minor glitches; they’re significant flaws that compromise the safety of the rider. It’s not just a legal matter; it’s about your well-being. Think about it – a design flaw leading to a structural failure in your motorcycle can have severe consequences.
Suing the manufacturer of a defective road component isn’t a quick fix, but it can be a vital step toward recovering the costs associated with your accident.
First on the list is the motorcycle rider. While it might seem obvious, riders can be held responsible for accidents, especially if they are violating traffic laws or riding recklessly.
Statistics show that rider-related factors contribute significantly to motorcycle accidents. They were likely guilty of either speeding, DUI, improper lane changes, or even inexperienced riding.
Road crews or government agencies
Governments have a fundamental responsibility to maintain roads in a safe and reasonable condition. This means fixing potholes, addressing uneven surfaces, and ensuring proper signage and traffic signals.
Neglecting these duties puts all drivers at risk, especially motorcyclists, who are more vulnerable to road hazards.
To sue a government agency, you typically need to prove negligence on their part. This involves demonstrating that they knew about a hazardous condition but failed to address it. Without a doubt, this can be tricky and challenging. But with the right attorney, you should be able to get it done eventually.
Employers of the at-fault party
Suing an employer for a motorcycle accident caused by their employee might seem complex, but under certain circumstances, it’s a legitimate path to compensation.
An employer can be held liable for an employee’s actions if they were committed “within the scope of employment.” This means the employee was:
- Performing their job duties at the time of the accident.
- Using company property like a vehicle.
- Acting on the employer’s instructions, even if those instructions were unclear or negligent.
For instance, if a delivery driver rushing to meet a deadline collided with your motorcycle, you’re legally allowed to sue their employer.
Suing is your way of reclaiming control and standing up for yourself. And again, it’s not always solely about vengeance. The monetary compensation you get from these claims can give you a better shot at full recovery.
About Author (Marjorie R. Rogers)
The inspiring mum of 6 who dedicates her time to supporting others. While battling with her own demons she continues to be the voice for others unable to speak out. Mental illness almost destroyed her, yet here she is fighting back and teaching you all the things she has learned along the way. Get Started To Read …