There are many causes of motorcycle accidents in Idaho. Sometimes it is the fault of the drivers involved. Other times, it is due to debris in the road.
Sometimes, there is a defective part on the motorcycle that fails, causing your motorcycle to go out of control. Determining the cause of the motorcycle accident is instrumental in determining who will be liable for the damages.
The Motorcycle Didn’t Behave As It Should Have
As the operator of the motorcycle, you are the expert in what happened immediately prior to the crash. This small window of time could be the pivotal point of the entire case.
If you were riding your motorcycle and a car changed lanes without seeing you and crashed into you, it is pretty easy to determine liability.
But, sometimes it is not so cut and dry. Perhaps you were driving down the highway, and the car signaled that they were changing lanes.
You let off the gas, indicating that you were allowing them to move in front of your motorcycle. However, when you applied the brake, the motorcycle did not stop. This would indicate a defective part could be at fault.
Perhaps you recently had the brakes replaced or had new tires put on your motorcycle. The failure of the motorcycle to respond to your commands may indicate that the new parts were defective or installed incorrectly.
Tip: Keep all maintenance papers when you have service done to your motorcycle. Make a note of any strange sounds, smells, or if the bike is not handling well. Give all of this information to your attorney.
It is rarely possible to give a 100% accurate cause for an accident, short of someone just running over you. In most cases, a full investigation will be initiated by your attorney.
Unfortunately, the fact that your motorcycle may have had a mechanical failure doesn’t matter to the police. They will respond and assign traffic infractions as they see fit.
This doesn’t mean that the police can tell you that the driver or the motorcycle caused the accident. Experts should inspect the motorcycle carefully.
Who Is To Blame?
If it turns out that the accident was the fault of a defective part, your attorney will direct legal action to the manufacturer, and sometimes the designer of the part.
Idaho is an “at fault” state. This means partial responsibility can be passed on to different people. Let’s go back to our example.
You see the car next to you signal that they are changing lanes. You let off the gas to slow your speed indicating to them that you see them, and they can make the lane change. Then you brake, but the motorcycle does not stop.
The driver of the car sees that you are having problems, but they are traveling at speeds that are faster than the flow of traffic. Their speeding means they could not correct the turn, and they crash into you.
The courts may say that the brake system failure carries 80% liability. But the speeding auto driver is responsible for 20% of the damages.
If you are involved in a motorcycle accident, please contact a motorcycle accident attorney in Coeur d’Alene today.