Now, when a motorcycle accident takes place, the determination of fault can definitely be a very challenging task, especially if there is a pedestrian who’s involved and injured. In the majority of the accidents, the involved pedestrian is usually going to be assumed to be the victim. This is because we assume that the pedestrians are almost in all cases provided with the actual right of way. On the other hand, we also assume that motorcyclists are utterly required to follow the road regulations and it’s their fault as they haven’t been careful enough to watch out for the pedestrian. Well, while this might be true, it’s far from being the most common scenario.
In certain instances, it may very well be the pedestrian who is at fault when an accident happens. Maybe the pedestrian was distracted by talking on the phone and failed to look around when he decided to cross? Or maybe he completely failed in accounting for the preventive STOP sign for pedestrians. In any case, it’s not a good idea to assume anything before the investigation had concluded. What is more, you should also be aware that even if the motorcyclist has been deemed responsible for the accident the institute of contributory negligence isn’t necessarily excluded.
What is contributory negligence and how is it determined?
This is a fair institute which allows the proper allocation of fault and responsibility in an accident. Now, even though the matter is likely to be handled by the insurance company, the internal investigation that goes on is particularly important for the motorcyclist as well as for the pedestrian as it’s going to determine the extent to which the fault spreads and hence the compensation which is due. Contributory negligence allows the parties to be certain that they aren’t held accountable for more than what really happened. With this in mind, there are quite a few factors that need to be accounted for.
There are certain questions which are going to help determine and allocate the fault properly and they include:
· Was the motorcyclist speeding?
· Was the pedestrian actively distracted?
· Were there any other additional factors?
· Did the road or the weather conditions have a significant role?
· Was the motorcyclist acting in a reckless manner?
All these need to be taken into account when it comes to it because they are of essence for the proper allocation of responsibility. The questions are precise but there are other things that should also be accounted for. This is a complex of different factors which is going to be determining when assessing the necessary circumstances involved in the accident. You might want to talk with your lawyer about your specific case and see what they have to say about it. Getting injured is no fun but a complete loss of wages, loss of mobility which might be due to short term injuries or even a disability apart from pain and suffering.