Greene & Phillips: Motorcycle Accidents
MOBILE, Ala. (WALA) - After an accident involving a motorcycle, there’s one explanation heard pretty often from drivers: “I just never saw them.” But does not seeing a motorcycle mean the driver isn’t responsible for the accident? David Greene from Greene & Phillips Injury Lawyers joined us to talk about motorcycle accidents and why determining fault may not be as simple as it seems.
The following questions and answers were provided by Greene & Phillips:
If a driver says, “I never saw the motorcycle,” does that excuse them from being responsible for the accident?
No, not necessarily. “I didn’t see the motorcycle” isn’t the same thing as “the motorcycle wasn’t there.” Every accident is different, but drivers have a responsibility to pay attention to the roadway and keep a proper lookout for other vehicles, and that includes motorcycles. If a driver fails to see a motorcycle that was lawfully there, we need to look at why that happened and what actually caused the collision.
Are there certain situations where you commonly see this become an issue?
Absolutely. Intersections are a big one. You may have a driver making a left turn who either doesn’t see an approaching motorcycle or misjudges how close it is and turns across its path. Lane changes can also be dangerous. Motorcycles are smaller than passenger vehicles and can be easier to overlook, especially if someone isn’t carefully checking their mirrors and blind spots. And, of course, distracted driving can play a role. Looking at a phone or simply not paying attention for a few seconds can have devastating consequences.
Do you think there can also be a tendency to assume the motorcyclist must have been doing something wrong?
There absolutely can be. People may hear “motorcycle accident” and immediately assume the rider was speeding, weaving through traffic, or riding recklessly… but assumptions aren’t evidence. We want to know what actually happened. Was the motorcycle speeding? Did the other driver fail to yield? Was someone distracted? Were there witnesses? Is there video of the accident?
If the two drivers have completely different versions of what happened, how can you determine who was actually at fault?
That’s where the evidence becomes extremely important. We can look at photographs and video from the scene, vehicle damage, witness statements, available surveillance or dashcam footage, and other physical evidence. In a serious case, we may also work with experts who can help reconstruct the collision. And that’s one reason we encourage people to contact an attorney sooner rather than later. Video can be erased, witnesses can become harder to locate, and physical evidence can disappear. The sooner we can begin investigating, the better opportunity we have to preserve that evidence.
Motorcycle accidents can obviously result in some very serious injuries...
Unfortunately, they can. Someone inside a car has a seat belt, airbags, and the structure of the vehicle surrounding them. A motorcyclist simply doesn’t have that same protection. So when a vehicle collides with a motorcycle, the rider can suffer very serious or even life-changing injuries. That makes it especially important to understand exactly what happened and who was responsible.
If a motorcycle rider or their family has questions after an accident, how can they reach you?
At Greene & Phillips, your case evaluation is always free. We’ll listen to what happened, investigate the facts, and help you understand your options. Come by or give us a call or text any time! You never need an appointment.
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