Riding a motorcycle can be an exhilarating experience, but it also comes with a high degree of risk. According to data from the Kansas Department of Transportation, there were 1,527 motorcycle crashes in Kansas in 2020. These crashes resulted in 1,113 injuries and 58 fatalities.
In the aftermath of a motorcycle accident, it’s important to understand the concept of fault. Fault is the legal term for responsibility, and it plays a critical role in determining who will be held accountable for the accident and its associated costs.
In Kansas, fault is determined using a modified comparative fault system. Under this system, a person can recover damages in a personal injury case as long as their degree of fault is less than 50 percent. If a person is found to be 50 percent or more at fault, they are barred from recovering damages.
So, how is fault determined in motorcycle accidents? Here are a few factors that are often considered:
Traffic violations: If a driver violates a traffic law, such as running a red light or failing to yield, they may be considered at fault for the accident.
Negligence: Negligence is a legal term that refers to a failure to exercise reasonable care. If a driver’s negligence caused or contributed to the accident, they may be found at fault.
Road conditions: Poor road conditions, such as potholes or debris on the road, can contribute to motorcycle accidents. In some cases, the government entity responsible for maintaining the road may be found at fault.
Vehicle defects: If a defect in the motorcycle or another vehicle contributed to the accident, the manufacturer may be held liable.
It’s worth noting that fault can be a complex issue, and it often requires an in-depth investigation to determine who was responsible for the accident. It’s important to work with an experienced motorcycle accident attorney who can help gather evidence, build a strong case, and advocate for your rights.
In addition to understanding fault, it’s also important to take steps to prevent motorcycle accidents in the first place. Here are a few tips for staying safe on the road:
- Wear a helmet and other protective gear.
- Follow traffic laws and stay alert while riding.
- Make sure your motorcycle is well-maintained and in good working order.
- Consider taking a motorcycle safety course to improve your skills.
By understanding fault and taking steps to stay safe on the road, you can minimize your risk of being involved in a motorcycle accident in Kansas. If you do find yourself in this situation, don’t hesitate to reach out to an experienced attorney who can help you navigate the legal process and pursue the compensation you deserve.
Another important factor to consider in motorcycle accidents is the role of insurance. In Kansas, all drivers are required to carry liability insurance that covers bodily injury and property damage. If you are involved in a motorcycle accident, you may be able to recover damages from the other driver’s insurance company if they were at fault
However, insurance companies are often focused on minimizing their own costs, and they may try to offer you a low settlement that doesn’t fully compensate you for your injuries and other losses. This is why it’s important to work with an attorney who can negotiate with the insurance company on your behalf and help ensure that you receive a fair settlement.
It’s also worth noting that in some cases, you may be able to recover damages from your own insurance company. For example, if the other driver was uninsured or underinsured, you may be able to file a claim under your own uninsured/underinsured motorist coverage.
In addition to understanding fault and insurance, it’s important to seek medical attention as soon as possible after a motorcycle accident. Even if you don’t think you’ve been seriously injured, it’s important to get checked out by a medical professional. Some injuries, such as traumatic brain injuries or internal bleeding, may not be immediately apparent but can have serious long-term consequences.
Understanding fault in motorcycle accidents is crucial for protecting your rights and pursuing compensation for your injuries and other losses. By working with an experienced attorney, you can ensure that your case is handled effectively and efficiently, and that you receive the compensation you deserve.
As a personal injury law firm, we can assist individuals involved in motorcycle accidents in Kansas with determining fault and pursuing compensation. Our team, led by highly experienced attorneys like Melinda Young, can conduct a thorough investigation, identify potential sources of compensation, negotiate with insurance companies, and represent you in court if necessary. Additionally, we understand that dealing with the aftermath of a motorcycle accident can be overwhelming, and we can provide emotional support and guidance throughout the legal process. If you’ve been involved in a motorcycle accident in Kansas, we can help ensure that your rights are protected and that you receive the compensation you deserve.