3 Ways a Driver May Try to Argue a Motorcyclist Holds Partial Fault for an Accident and Injuries
Even when a motorcycle accident is clearly the other driver’s fault, and not the motorcyclist, a driver may try to argue the motorcyclist is partially to blame. If you were in an accident in Ohio and are seeking damages, know these three ways that a driver may try to prove that you were partially at fault.
1. Not Wearing a Helmet at Time of Crash
The argument that a motorcyclist was not wearing a helmet at the time of his crash, and is therefore partially to blame for his injuries, is a tricky one. Whether or not this argument is effective is usually dependent upon two major factors:
- Whether the state has a motorcycle helmet law.
- Whether wearing a helmet could have prevented or reduced the severity of the injuries.
In regards to the former, the state of Ohio does have a motorcycle helmet law. However, the law only applies to those who are age 17 and under; older motorcyclists are not required to wear a helmet.
In regards to the latter, if the motorcyclist sustained a head injury, the driver may argue that the motorcyclist was partially negligent in not wearing a helmet, and lack of helmet use contributed to the severity of the injury. On the other hand, if the injury involves a part of the body not affected by helmet use—such as a leg—then this argument is irrelevant.
2. Aggressive Driving
Another common argument used against an injured motorcyclist to prove fault is that the motorcyclist was operating the bike too aggressively, contributing to the crash. Examples of aggressive motorcycle driving may include the following.
- Riding while intoxicated
- Illegal lane changing
- Lane splitting
You can fight these allegations of aggressive driving by collecting evidence such as police reports, witness reports, physical evidence, and any existing video footage of the accident.
3. Violated Right-of-Way Law
A third argument that a driver may use to prove a motorcyclist’s partial fault is to state that you violated the state’s right-of-way law. This law reads that when two vehicles enter an intersection at the same time, the vehicle on the left shall yield the right-of-way to the vehicle on the right. You may be able to disprove this claim by using the types of evidence mentioned above.
What a Motorcycle Accident Attorney Can Do for You
For assistance dealing with common challenges to a motorcycle accident claim, reach out to Bressman Law. We are ready to get to work on your case today! You can schedule a consultation by calling us at 1-866-777-6680.