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What Happens When a Motorcycle is Rear-Ended?
After a motorcycle accident, it is crucial to determine who caused the accident, document the rider’s injuries, and start the fight for fair compensation. Call Rocky McElhaney Law Firm: Car Accident & Injury Lawyers to schedule a consultation with a motorcycle accident attorney today.
Why are rear-end accidents especially dangerous for motorcyclists?
Compared to passenger vehicles and commercial vehicles, motorcycles have minimal protection from the force of another vehicle. When a car strikes another car from behind, the vehicle’s structural protection may mitigate some of the force before it reaches vehicle occupants. A motorcycle does not offer this same level of protection. After being hit from the back, a motorcycle may accelerate forward or become unstable. Before the rider has any chance to react, they can be thrown from their seat and end up in an even more dangerous and vulnerable position.
The initial impact of the rear vehicle may also only be the beginning of the accident. A rider may hit the pavement, a guardrail, another vehicle, or the curb. In some cases, they are pushed into moving traffic or a vehicle in front of them. The secondary impact can cause additional injuries or worsen injuries caused by the initial collision.
Who is usually to blame when a motorcycle is rear-ended?
The driver who hits a motorcycle from behind may be responsible when the crash results from failing to leave enough room to stop or failing to pay attention to traffic. Common causes of these accidents may include:
- Following too closely
- Driving while distracted
- Speeding
- Looking away from the road
- Not noticing stopped traffic
- Driving too fast for weather or traffic conditions
Consider a driver who glances at their phone while approaching an intersection. Their choice to drive while distracted causes them to hit a motorcycle stopped at a red light, throwing the motorcyclist into the path of oncoming traffic.
However, other parties may also be liable for this type of collision. Liability determinations depend largely on the facts of the case and what the evidence shows.
Are rear drivers always responsible for motorcycle rear-end collisions?
No. This is a common misconception. While the rear driver is often responsible for motorcycle rear-end accidents, they are not automatically liable. There are circumstances in which another person could cause or contribute to an accident.
In some cases, the other liable party is the motorcycle operator. They may swerve suddenly into another vehicle’s lane without leaving adequate space, leaving the rear driver unable to stop in time. A mechanical problem could cause the motorcycle to stop abruptly in front of a car, contributing to the severity of an accident. A car’s brakes may fail because of defective design. Another vehicle might hit the car, pushing them into the motorcyclist.
Multi-vehicle crashes can get complicated very quickly. Responsibility may be divided among multiple drivers. In these cases, insurance adjusters may argue over who is liable and how liability should be split. Every percentage point of blame they can allocate to someone else limits their company’s financial losses.
Tennessee follows modified comparative fault, which is especially important in cases where multiple drivers are at fault for an accident. A victim seeking compensation can usually still recover damages, as long as their share of fault is less than 50%. Their compensation is reduced in proportion to their share of blame, though, so it is still important to push back against insurance companies trying to allocate more blame to them than is fair. If they are 50% or more at fault, they typically cannot recover damages.
What if the motorcycle was stopped at a red light or stop sign?
A motorcyclist stopped legally at a traffic signal or stop sign may have little to no ability to avoid a vehicle approaching from behind. Taking evasive action may mean moving into the path of oncoming traffic, which is often more dangerous.
These collisions may be the result of distraction, speeding, following too closely, or inattention. Evidence from the scene may provide a clearer picture of what happened and who is to blame.
Motorcycle operators rear-ended in slow or heavy traffic
Slow or erratic traffic is a common cause of rear-end accidents. Stop-and-go traffic can lead to drivers becoming agitated or impatient. Unfortunately, this sometimes results in them failing to leave enough space between them and the vehicle in front of them. A driver may look away from the road and not notice that traffic has slowed.
Another factor that comes into play is a motorcycle’s smaller profile. Drivers may overlook them more easily. A driver may be watching the movements of a larger vehicle ahead and not even notice that there is a motorcyclist stopped in their path.
Construction zones, highway congestion, and sudden backups can create similar risks.
Can drivers blame riders for stopping too quickly?
Drivers or insurers may claim that the rider stopped suddenly and gave the rear driver no reasonable opportunity to react. This does not automatically eliminate the motorcyclist’s claim against the driver.
Drivers typically have to operate at a speed and following distance that allows them to respond to foreseeable changes in traffic. Vehicles regularly stop or slow down for signals, congestion, pedestrians, and roadway hazards, so drivers should be prepared to stop quickly to account for those changes.
However, there are circumstances where a motorcyclist may be partially liable for stopping too quickly. If they enter the driver’s lane immediately before braking or otherwise act in an unexpected and unpredictable way, that could affect liability.
Fight for compensation with Rocky McElhaney Law Firm: Car Accident & Injury Lawyers
If you have suffered injuries in a rear-end motorcycle accident, you may be able to pursue compensation for your losses with a personal injury claim. Let us talk about your legal options and next steps. Give us a call or fill out our online contact form now.