Determining Fault In Motorcycle Crashes

Crashes on Las Vegas roadways are all too common, happening each and every day. Drivers have to be aware of their surroundings and conditions to ensure safety of themselves and others.  

Even the safest driver can be involved in a motorcycle crash because of what some have dubbed the psychological blind spot.

Fatality rates for motorcycle accidents are 35% higher than other collisions, and for the most part, those accidents are typically caused by the negligence of car drivers who didn’t see the rider.

That is the number one cause of a motorcycle crash—a driver didn’t notice the bike. Often drivers are looking for other vehicles, not motorcycles so they move over a lane and hit a rider unintentionally. This is what some call the psychological blind spot. Re-creating the scene of the collision is helpful under the circumstances when a driver says the rider, “came out of nowhere.”

It is the responsibility of the rider to take precautions to increase awareness of his or her presence (i.e. reflective clothing), but, it is the responsibility of the driver to pay attention and look out for motorcycles.

Just as the case in some other wrecks, the driver or rider can be distracted by a phone, food, or be impaired in some way. In states that follow a comparative negligence rule, like Nevada, a plaintiff and defendant can share fault. For the plaintiff to be able to collect compensation, his or her fault must not be more than the defendant’s percentage of fault as determined by a court or other figure.

A motorcycle crash must be properly investigated in order to accurately determine who was at fault, or how much fault should be placed on each party involved. This involves things such as tire track angles, glass distribution, and forensic evidence.

Our Las Vegas Personal Injury team at Parry & Pfau is able to help you determine fault, protect your legal rights and collect any compensation you are due.  Give our office a call for a complimentary consultation.

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