Who is liable in a rear-end motorcycle accident?

Many people consider rear-end collisions to be a not very serious type of accident. However, you could suffer long-term injuries, such as traumatic brain injuries, internal organ damage, or back or spinal injuries, especially if you are riding a motorcycle when someone rear-ends you.

In most rear-end motorcycle crashes, the driver in the rear would be found to be a fault. Here’s why this is true and exceptions when a motorcycle rider in the lead could be found to blame.

Why the Driver in the Rear Is Often Found to Be Negligent

In most cases, the motorist that rear-ended a motorcycle will be found to be the negligent party. This is because all drivers are required to maintain a safe Rear-End of a Motorcycle in the Roaddistance between their vehicle and the one in front of them—including a motorcycle—so that they can slow down or stop suddenly if this becomes necessary to avoid a crash. Unfortunately, this duty is often breached in a rear-end collision. Drivers are often engaged in other unsafe driving practices, such as:

  • Speeding
  • Tailgating
  • Distracted driving
  • Intoxication
  • Drowsy driving
  • Aggressive driving

Because the driver in the rear is often presumed to be negligent, their insurance company may not dispute their liability to pay a motorcycle accident victim. However, this does not mean that settling a rear-end collision claim will be easy. The insurance adjuster could dispute the seriousness of a rider’s injuries in an effort to pay them less compensation than they are entitled to in their settlement.

When the Motorcycle Rider in the Lead Could Be Negligent

While it is not common, in some cases, a motorcyclist in the lead could be at fault for causing a rear-end accident. This can happen if they do the following:

  • Pull out in front of another car
  • Slam on their brakes for no reason
  • Reverse their motorcycle
  • Drive while intoxicated
  • Drive with broken brake lights
  • Make an unsafe lane change
  • Engage in distracted driving

If you were injured in a rear-end or other motorcycle collision, you need the assistance of an experienced motorcycle accident lawyer to prove the other motorist’s negligence in causing your crash and the amount of compensation you deserve. Call our Norfolk office or fill out our convenient online form to schedule your free consultation today to learn about your options and how we can help you.