Motorcycle Rear-End Accidents: Who’s Responsible?

When a motorcycle is rear-ended, the consequences are often very different than when one passenger vehicle strikes another. Unlike occupants of cars and trucks, motorcyclists do not have the benefit of a steel frame, airbags, or crumple zones to absorb impact forces. Even a low-speed rear-end collision can throw a rider from the motorcycle or violently compress the rider between the seat, handlebars, and the striking vehicle. The same impact that might result in property damage and neck or back injuries in a car-to-car collision can cause far more severe trauma to a motorcyclist because the rider’s body absorbs much of the force directly. This heightened vulnerability is a key reason rear-end motorcycle crashes so often result in serious or life-altering injuries.

If you’ve been injured in an Alabama motorcycle accident, you may be entitled to compensation. However, the other party’s insurance company might try to push liability back onto you. That’s where we step in. Contact Martin & Helms today to schedule a consultation with our personal injury team.

Why adding a motorcycle complicates a crash

Insurance companies know that motorcycle crashes often result in severe injuries, which puts them at risk of having to pay out significant compensation. Their strategy is to find any possible way to shift blame back onto the rider. They’ll try to claim that you stopped too fast, weren’t visible enough, weren’t centered in your lane, had faulty brake lights, or wore gear that made it hard to see you.

In most states, shifting a little bit of fault to the other party doesn’t result in a significant loss of compensation. But Alabama is a contributory negligence state. This gives insurance companies a lot more leverage during negotiations. Alabama follows a strict contributory negligence rule, which means an injured person can be barred from recovering compensation if they are found to have contributed in any way to causing the crash. Insurance companies often rely on this rule to argue that a motorcyclist was partially at fault, even in rear-end collisions where liability may seem straightforward. However, there are important exceptions and legal principles that can limit or defeat these arguments, including how fault is determined and whether the other driver’s conduct was the primary cause of the collision. An attorney experienced in motorcycle accident cases can help identify and challenge improper contributory negligence defenses so injured riders are not unfairly taken advantage of during the claims process.

Fault usually falls on the following driver

The good news is that in most rear-end cases, the rear driver is at fault. If you’re hit from behind while riding your motorcycle, you simply have to hold that line. While insurance companies don’t make it easy, the odds are stacked against them.

This is because in almost every scenario, a driver who rear-ends another road user is negligent. They either followed too closely, did not pay proper attention to the road and who else was on it, misjudged their own stopping distance, or were impaired or fatigued. There are exceptions, of course, but liability usually rests with the rear driver. You need a motorcycle accident attorney who can keep the pressure on the at-fault driver and not let their insurance company deflect blame back onto you.

Other parties who may have liability

While the rear driver in a rear-end collision is usually at fault for the crash, other parties may also have liability. If the driver who crashed into you was hit first, some liability may lie with the driver who hit them. However, liability would likely be split, as they would still be considered to be following too closely.

If the driver was acting within the scope of employment when they hit you, their employer may be vicariously liable for the crash. You could face a more complicated accident claim in this scenario, as you’d need to go through the employer’s insurance to secure fair compensation.

If a faulty vehicle, a poorly executed repair, or a malfunctioning component is at the heart of the crash, liability may lie with the vehicle manufacturer, repair shop, or component manufacturer. These claims are less common, but they do occur.

Determining liability in these accidents

Remember, the rear driver is usually at fault for rear-end collisions. To prove your claim, you’ll need evidence that supports that presumption and an attorney who can push back against outdated insurance company tactics that try to pin blame on motorcyclists. Some useful forms of evidence in these cases include:

• Video footage: Whether it’s from a dashcam, helmet cam, or surveillance camera from a nearby store or home, video footage can provide undeniable proof of what happened.
• Black box data: While it’s somewhat uncommon for investigators to pull black box data in a rear-end collision because most rear-end accidents are the fault of the rear driver, it can provide important context when there’s disputed liability. Black box data can provide details about brake usage, speed, and other important factors relating to collisions.
• Physical evidence: Skid marks, damage to both vehicles, damage to guardrails or other property, vehicle debris, and final rest positions of both vehicles can all provide important context.
• Witness statements: If other people witnessed the accident, either from their own vehicle or a nearby building, they may have important details and context to provide.

Having a motorcycle accident attorney advocating for you from the very beginning is essential. Insurance companies are good at making motorcyclists out to be inherently reckless and untrustworthy road users, and in doing so, they shift the focus away from their clients.

There’s also a lot you can do early on to protect your claim. It’s important to seek medical attention immediately; you’re at greater risk of injury than occupants of the other vehicle, and you have to put your health first. If you are injured, prompt medical care ties the injury to your accident.

If a motorcyclist is physically able and it is safe to do so, gathering evidence at the scene can be extremely important. If the motorcycle driver needs medical attention, then you may call a family member or a friend to help gather evidence. This may include taking photographs or video of the vehicles, the roadway, skid marks, debris, traffic signals, and visible injuries, as well as obtaining the names and contact information of witnesses. However, safety must always come first. Injured riders should not attempt to move unnecessarily, confront anyone, or gather evidence if they are in pain, disoriented, or at risk of further injury. When injuries prevent a rider from collecting information, law enforcement reports, witness statements, and later investigation often become even more critical in protecting the rider’s rights. Photos, video footage, and contact information for witnesses can all be difficult (if not outright impossible) to get after the collision.

Find out how Martin & Helms can help you seek justice

Our team of motorcycle accident attorneys is here to help you fight for compensation after a rear-end crash. Let’s talk more about your next steps and legal options. Contact us today to get started.