Determining Fault in Motorcycle Pedestrian Accidents

For motorcycle riders and pedestrians alike, accidents can happen in an instant and change lives forever. If you have been injured in a collision between a motorcycle and a pedestrian, determining fault is crucial for obtaining fair compensation.

A pedestrian accident lawyer in Atlanta can help you navigate the complex process of investigating liability after such crashes. Relevant factors like traffic signals, right-of-way rules, and the presence of distractions must be examined closely.

With decades of combined experience, the Atlanta personal injury lawyers of John Foy & Associates, know building a strong case requires dedication and skill. We can help you determine fault and identify all liable parties in a motorcycle vs. pedestrian accident claim.

Many Variables Are Involved in Determining Fault

Determining fault in a motorcycle and pedestrian accident can be a complex process that requires gathering evidence, statements from both parties and a thorough review of the police report.

Insurance companies may also become involved, adding another layer of complexity to the situation.

When you work with our Atlanta personal injury attorneys, we will conduct a thorough investigation into the circumstances surrounding your accident. This may include gathering evidence such as:

• Witness statements
• Medical records
• Surveillance or traffic camera footage
• Photos from the accident scene
• Physical evidence such as broken motorcycle parts
• Police reports

By collecting all of this information, your lawyer can paint a clear picture of what happened and demonstrate why the other party should be held responsible for your injuries and losses.

Does a Pedestrian Always Have the Right of Way?

While it is true that pedestrians have the right of way in most situations, this does not mean they can act recklessly or without regard for safety. Pedestrians must also follow traffic laws and signals to ensure their own safety as well as the safety of others on the road.

In situations where a pedestrian acts negligently by disregarding traffic laws or walking in restricted areas, they can be held accountable for any accidents that may occur. Ignoring these rules can lead to dangerous situations and potentially cause accidents.

A motorcycle accident lawyer in Atlanta can gather evidence, investigate the details of the incident, and identify the liable parties. 

Challenges in Determining Fault in a Motorcycle vs. Pedestrian Accident

Determining who is at fault and whether multiple parties may share liability can be more difficult than it appears to be at first glance. Here are some common challenges in determining fault in motorcycle-pedestrian accidents:

Witnesses

It is important to locate and interview any witnesses to the accident to get their statements documented accurately while memory is fresh. A lawyer can work to locate eyewitnesses and will know the right questions to ask.

Lack of Evidence

Those involved may give conflicting accounts of their actions leading up to the crash. Their variations make the true sequence of events unclear. This is why gathering evidence is so important. 

If you reach out to an attorney soon after the incident, our investigators can conduct a thorough investigation of the accident scene to document evidence. 

Skidmarks, road debris, and photos need to be collected and analyzed. Evidence from the accident scene can deteriorate if not analyzed promptly. An attorney has experience properly collecting and preserving evidence.

Injuries to Victims

Severe trauma could impact the ability to report their recollection of events. Incapacitation post-accident clouds remembrance. 

In some cases, a lawyer may choose to work with an accident reconstruction expert to analyze the evidence and damage patterns to determine the sequence of events and who was responsible.

Insurance Companies

Insurance adjusters are trained to downplay or reframe liability aspects. If the fault is unclear, they may deny the claim outright. Lawyers are well-versed in tactics insurers use to shirk responsibility and can effectively counter allegations of liability against you in a claim.

We can aggressively argue the negligence elements based on applicable law. Your attorney can also negotiate aggressively with insurance adjusters and may use the threat of litigation to encourage reasonable settlement negotiation.

Comparative Negligence Can Impact Your Financial Compensation

When it comes to receiving compensation for injuries sustained in a motorcycle crash, sharing fault can greatly impact the amount of money a plaintiff may receive in a settlement.

Georgia is a modified comparative negligence state. It follows the doctrine of comparative negligence, which means that if a plaintiff is found to have some fault in the accident, their compensation will be reduced by the percentage of fault attributed to them.

For example, if a plaintiff is found to be 20% at fault for the accident, their potential settlement amount would be decreased by 20%. This can significantly decrease the amount of money received in a settlement and highlights the importance of working with an experienced personal injury lawyer who can fight for fair compensation.

Contact a Lawyer for Help Determining Fault in a Motorcycle Pedestrian Accident Case

If you’ve been injured in a motorcycle-pedestrian accident, you’ve likely faced many challenges in understanding liability and medical costs.

At the Atlanta personal injury law firm of John Foy & Associates, our experienced attorneys have helped many accident victims overcome these obstacles and achieve maximum recoveries.

We thoroughly investigate to determine responsibility, gather evidence, and address any insurer tactics hindering compensation. Our lawyers can fight to recover compensation for your medical bills, lost wages, property damage, disfigurement, mental anguish, and other damages depending on the situation.

No matter the liability complexities, we are here to fight aggressively on your behalf. Contact us today to schedule a free initial consultation about your case.