Have you ever wondered if the order of impact in a vehicular accident determines fault? Surprisingly, it often does not matter who hits whom first. Instead, in determinations of fault, the sequence of impacts has no relevance.
Many times, when motorcycle accidents occur, the motorcycle often makes first contact with the car. This does not mean that the motorcyclist is at fault for causing the accident, though. Instead, the car’s driver is often found to be 100% at fault for the accident.
As a result, remember that the issue of whether a motorcycle struck a car, or a car struck a motorcycle first is inconsequential.
Inexperienced insurance carrier assessors, however, mistakenly focus on the order of impact during an accident. These carriers often even attribute fault to clients by automatically labeling the motorcycle as a “striking vehicle.”
Car drivers often view motorcyclists as at fault by making statements like “he hit me first.” This is also mistaken. Instead, allocations of fault if your vehicle is struck by a car driver often matter more than the simple question of who initiated the impact.
Examples of Accidents Where Initial Impact Does Not Influence Fault Determinations
Some of the most common ways that motorcycle crashes involving cars occur, in which decisions regarding fault do not influence the outcome include the following:
- If a motorcyclist with the right-of-way collides with a car that is running a red light. In this case, the car’s driver is responsible for causing the accident. In cases involving car drivers who run red lights, the issue of “who hit who first” simply does not apply in most cases. If a motorcyclist is headed straight through an intersection with a green light and ends up colliding with the car that ran the red light, the motorcyclist might be viewed as the striking vehicle. The motorcyclist, however, will not be found at fault because the motorcycle had the right of way with a green light. Additionally, motorcycles cannot stop as fast as cars. As a result, it is not likely the motorcyclist could have seen the car in time to avoid the accident. Additionally, the car’s driver violated the law by running through a red light. In accidents of this kind, the motorcycle is often the striking vehicle. It is more likely that motorcycles will strike vehicles in these cases than cars will strike motorcycles, even. This is because when the car runs the red light, it is a target between 14.3-18 feet wide, depending upon the vehicle. The motorcycle is a target only approximately 6.3-8.3 feet wide. Furthermore, even if a motorcycle notices a car running a red light, it’s often too late for the motorcyclist to stop the motorcycle because motorcycles are much more challenging to stop than cars.
- If a car exiting a parking lot collides with a motorcycle that has the right-of-way, the car’s driver is held at fault despite the order of impact. Remember, New York state law nor state law anywhere else permits a vehicle driver to receive traffic instructions from another motor vehicle operator. The law also does not permit drivers to violate another vehicle operator’s right-of-way of another motor vehicle simply because they were waved on by another driver. Despite this situation, many insurance carriers originally offered nothing for the motorcyclist’s damages. These carriers also denied the injury claim and argued that the fault for the crash fully belonged to the motorcyclist.
- If a motorcycle rear-ends a vehicle and performs a left-hand turn, fault determination often rests with the car’s driver for failure to yield. When accidents like this occur, insurance carriers often claim that the accidents were caused by 100% fault of the motorcyclist. In cases involving these kinds of accidents, insurance carriers often believe that the motorcyclist is to blame for the crash for two primary reasons. One, the motorcycle was the striking vehicle. Second, the car was struck by the side of the rear bumper. Insurance carriers often use cookie-cutter formulas, which include evaluations of “who hit who first” and decisions about who is responsible for a crash. These strict formulas, however, do not offer insurance carriers an actual idea of how crashes occur. Insurance carriers often consider the location of impact on vehicles too, but automatic assumptions in this area also often result in incorrect outcomes that a skilled accident attorney can help you challenge. With the help of an accident reconstruction expert, we can help you establish before a court of law the timing, position, and speed of the vehicles to establish which party is really to blame for the crash.
- If a car performing a left-hand turn collides with a motorcycle, the car’s driver is often found at fault due to failure to yield. In these accidents, the motorcycle strikes the car and could be called the striking vehicle. This does not make the accident the motorcyclist’s fault, though. Instead, it does not matter who struck whom first. Analyzing these accidents with such a cookie-cutter formula ignores several key details. If the motorcycle was not speeding, this suggests the car started its turn without even seeing the motorcycle. In these situations, the car’s driver is 100% at fault. Decisions about the fault in most cases involving car and motorcycle accidents do not revolve around which party struck whom first. It is important to focus on a range of factors including right of way, traffic violations, and other important details when making a fault assessment.
Speak with a Knowledgeable Accident Lawyer Today
In the aftermath of a motorcycle accident, legal guidance is crucial. Contact a knowledgeable attorney at The Law Office of Cohen & Jaffe, LLP today who specializes in motorcycle accidents to ensure your rights are protected.
