If a Motorcycle Hits a Car, Who's at Fault? Liability Guide.

Motorcycle accidents involving cars can lead to serious injuries for the motorcycle rider. If you've been involved in such a collision, a personal injury attorney may help to protect your rights and pursue fair compensation on your behalf.

Omar Ochoa Law Firm can explore the factors that contributed to your accident and work quickly to secure evidence of the at-fault party’s negligence.

Motorcycle and Car Collision Statistics in Texas

According to the Texas Department of Transportation (TxDOT), thousands of motorcycle accidents occur annually, frequently leading to severe injuries and fatalities. In 2023, 599 riders were killed in motorcycle accidents in Texas, a 7% increase from 2022. This means, on average, one motorcyclist dies in a crash on Texas roads every day.

These accidents often result in substantial medical expenses, lost wages, and property damage, compounding the tragic consequences for those involved. Although Texas motorcycle riders make up less than 2% of the motor vehicles on Texas roads, motorcycle riders account for 10-15% of all deaths caused by crashes on Texas roads in any given year.

Common Causes of Motorcycle Accidents

Motorcycle accidents happen for various reasons, and establishing fault requires a detailed investigation of the circumstances surrounding the crash. Common causes of motorcycle accidents involving cars include:

Driver Error

Mistakes on the part of a vehicle driver can cause a motorcycle to collide with a car. These accidents can alter a motorcyclist’s life in a split second. These actions include:

• Improper lane changes: Car drivers failing to check blind spots before changing lanes can lead to collisions with motorcycles.
• Turning mistakes: A driver turning left in front of an oncoming motorcyclist can result in a side-impact crash.
• Failure to yield the right-of-way: Car drivers failing to yield to motorcyclists at intersections or when merging can cause devastating accidents.
• Aggressive driving: Speeding, tailgating, and other aggressive driving behaviors increase the risk of collisions.

Motorcycle Rider Error

Although less frequently the sole cause, rider error can contribute to accidents. Such mistakes can include:

• Lane splitting: While legal in some states, lane splitting in Texas is illegal and can increase the risk of accidents if not performed safely.
• Inadequate safety gear: Riding without a helmet or other protective gear significantly increases the risk of severe injuries.
• Impaired driving: Riding under the influence of alcohol or drugs significantly impairs judgment and reaction time.

Road Hazards and Adverse Weather Conditions

Potholes, debris, and other road hazards can cause motorcyclists to lose control, leading to collisions. Rain, snow, and fog significantly reduce visibility and traction, increasing the risk of accidents.

What Happens When a Motorcycle Hits a Car?

When a motorcycle collides with a car, the results are frequently devastating for the motorcyclist. The smaller size and lack of protective cage around the rider often lead to catastrophic injuries, including broken bones, head trauma, spinal cord injuries, and internal injuries.

Sadly, motorcycle crashes are disproportionately likely to result in fatalities compared to car accidents.

Why Drivers Sometimes Can't See Motorcyclists

Several factors contribute to car drivers' inability to see motorcyclists:

• Size and visibility: Motorcycles are significantly smaller and less visible than cars.
• Blind spots: Motorcycles are easily obscured in a car's blind spots.
• Driver distraction: Texting, using a cell phone, or otherwise being distracted significantly reduces a driver's awareness of their surroundings.

Determining Fault When a Motorcycle Hits a Car

Determining fault in a motorcycle-car collision involves a thorough investigation of the accident. Key factors include:

• Witness statements: Accounts from those who witnessed the accident provide all the necessary details about the events leading up to the collision.
• Police report: The police report provides an official record of the accident, including details about the location, time, and circumstances of the crash.
• Traffic camera footage: If any traffic cameras captured the accident, the footage can offer evidence.
• Accident report: A more detailed accident report may be compiled by accident reconstruction experts.
• Vehicle damage: The extent and location of the damage to the vehicles can often provide insights into the dynamics of the collision and point toward possible fault.
• Medical records: Medical records document the severity of the motorcyclist's injuries, which can impact the claim's value.

What If a Motorcyclist Is Partly at Fault?

Even if a motorcyclist bears some responsibility for the accident, they may still be able to seek compensation. Texas operates under a modified comparative negligence system. This means a motorcyclist can recover damages even if they are partially at fault, as long as their degree of fault is less than the other driver’s.

For example, if a motorcyclist is found to be 20% at fault and the car driver 80% at fault, the motorcyclist's compensation will be reduced by 20%.

How to Prove Fault in Motorcycle Accidents

To successfully prove fault in a motorcycle accident, it's vital to gather as much evidence as possible. This includes:

• Seeking medical attention: This not only addresses your injuries but also creates a documented record linking your injuries to the accident.
• Contacting the police: Filing a police report provides an official record of the accident.
• Gathering witness information: Collecting contact details from anyone who witnessed the accident is necessary.
• Documenting the scene: Taking photographs and videos of the accident scene, vehicle damage, and any visible injuries is critical.
• Preserving evidence: Do not dispose of any damaged property or clothing.
• Consulting a motorcycle accident lawyer: Legal representation can significantly impact the success of your claim.

Omar Ochoa Law Firm attorneys provide legal representation to motorcycle accident victims in Texas. We are dedicated to helping those injured in these crashes get the fair compensation they deserve.

Ride Safe, Ride Smart: Protect Your Rights with Omar Ochoa Law Firm

Motorcycle and car collisions often present complex scenarios when it comes to determining fault. Having experienced legal representation matters in protecting your rights and ensuring a fair outcome.

If you've been involved in such an accident, don't hesitate to contact us. Our dedicated team at Omar Ochoa Law Firm will provide the guidance and support you need on your journey to recovery.