Motorcycle Myths Debunked! Determining Fault in a Motorcycle Crash

Attorney Claude Wyle | 888-981-0826 | FREE Consult

There’s a lot of lies out there when it comes to motorcycle crashes. The insurance company will likely try to pin all the blame on the motorcycle rider, but the truth is always much more complex. In this video, attorney Claude Wyle of the San Francisco-based firm Choulous, Choulos & Wyle sets the record straight when it comes to motorcycle crashes. He can be reached by calling 888-981-0826, or by submitting a contact form on this page. The consultation is free, and you owe no attorneys unless your case is successful.

Can you tell how fast a motorcycle was going based on the skidmarks on the road?

No. It is a common misconception based on the belief that you can tell how fast a car was going based on the skids on the road. If a motorcycle hits the brakes hard, it can create a long skidmark. Others might claim that a long skidmark on the road indicates that the biker must have been speeding, but that is not the case.

If a motorcycle crashes and no other vehicles were involved, was it automatically the motorcyclist’s fault?

In some instances, these crashes occur because the motorcycle operator made an error. However, this is not always the case. The motorcycle may have been built incorrectly. A repair shop may have cut corners and ignored a dangerous safety concern. There might have been a problem with the road. As the attorney explains, in many cases, it’s a combination of factors and conditions that led to the accident. Only an experienced attorney can launch a full investigation to determine how the crash occurred.

How can you figure out who is responsible for a motorcycle accident?

A lawyer must perform a multi-faceted investigation to determine what happened, including:

• Gathering witness testimony
• Analyzing the scene of the accident
• Hiring a mechanical engineer to inspect the motorcycle
• Preserving and obtaining necessary evidence (before it “disappears”)

Is lane splitting legal in California? Is it safe?

Lane splitting is actually safer than not, and in California, it is legal. It’s actually illegal for a vehicle to impede a motorcycle attempting to split lanes. Lane splitting is the practice of driving between lanes of traffic. As long as the motorcyclist is safe and prudent when engaged in lane splitting (aka lane sharing), safe driving should be the result. Several studies, including one published by the National Highway Traffic Safety Administration, say that lane splitting actually protects motorcyclists because it removes them from the path of vehicles approaching from behind. In Los Angeles, many motorcyclists were getting rear-ended in traffic before lane splitting became the law of the land.

What if a motorcyclist is partially responsible for an accident? Does it affect their ability to seek compensation?

It does not. If the motorcyclist is partially at fault for an accident, they can still seek to hold other parties responsible through legal means. However, it does affect the amount of compensation they receive. If a jury decides to award a $1,000,000 verdict while also deciding that the motorcyclist was 20 percent responsible, that verdict would be reduced by 20 percent.

Will your insurance company keep your best interests at heart after a crash?

No. Your insurance company will not advocate for you, or go out of its way to help you. It has entered into a contract with you, and it will do everything it can uphold its own end of the contract. As friendly as they might sound, it’s crucial to remember that insurance companies are not your friend. After becoming involved in a motorcycle accident, contact an injury attorney who knows the motorcycle laws in your state. Claude Wyle can be reached by calling 888-981-0826, or by submitting the contact form on this page. The consultation is free, and you owe no attorneys unless your case is successful. Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.