How Fault Is Determined in a Motorcycle Accident?

You were hit while riding your motorcycle, and now, who is at fault is in question.

In Maryland, that matters more than most people realize. The state uses a contributory negligence rule, which bars you from recovering compensation if you hold even 1% of the blame, regardless of how severe your injuries are.

Determining fault in a motorcycle accident requires physical evidence, crash reports, witness statements, and detailed analysis. It also depends on how your actions are interpreted by insurers, investigators, and courts—all of whom may approach motorcyclists with assumptions or bias.

Fortunately, an experienced car accident attorney can help ensure the full facts are considered. A dedicated legal advocate can assist by investigating the crash, countering bias against riders, and protecting your ability to recover damages.

What Determines Fault in a Maryland Motorcycle Crash?

Fault is determined by establishing negligence (or legal responsibility) for the crash. This process starts by identifying:

1. What traffic laws were violated,
2. Which party acted carelessly or unlawfully, and
3. What objective evidence supports each side’s version of events.

Key factors that help determine fault include:

• Police reports. Officers may note who they believe caused the crash. These reports influence insurance claims but don’t determine legal liability.
• Physical evidence. Photos of vehicle damage, debris, skid marks, or road conditions can help reconstruct what happened. This tangible evidence can often clarify conflicting accounts.
• Eyewitnesses. Independent accounts can support your version of events, especially when drivers disagree.
• Video footage. Dash cams, traffic cameras, or GoPros may provide real-time proof.
• Crash reconstruction. In serious cases, experts may analyze the scene to determine fault.

Given Maryland’s strict contributory negligence rule, any fault attributed to you can bar your recovery. That’s why building a strong, fact-based case is essential compared to states with more forgiving fault systems.

What Is Contributory Negligence?

Maryland is one of just four states that still follow the rule of pure contributory negligence. Under this rule, if you are found even 1% at fault for the accident, you are completely barred from recovering any compensation for medical bills, lost wages, pain and suffering, or other damages, regardless of how devastating the crash was.

This strict rule often works against injured motorcyclists. Insurance companies know they don’t need to prove their driver is innocent. Instead, they need to argue that you shared some small part of the blame.

For example, imagine you’re riding straight through an intersection with the right of way. A driver runs a stop sign and hits you. But if the insurance company can argue you were going 5 mph over the limit or that your taillight was out, they may try to claim you contributed to the crash.

And if a jury agrees with them, even slightly, you may recover nothing. That’s why it’s not enough to prove the other driver caused the crash. You must also defend against any attempt to shift blame onto you.

Common Allegations Motorcyclists Face in Fault Disputes

Motorcyclists often battle assumptions that influence fault investigations. These assumptions can include the following: 

• That riders are “reckless by nature”;
• That riding fast or splitting lanes is standard behavior;
• That because motorcycles are often harder to see, some blame automatically shifts to the rider;

For instance, consider you were sideswiped while passing a vehicle on a multi-lane road. The driver claims you suddenly appeared “out of nowhere” and must have been weaving or speeding. The insurer may frame this as partial fault, even if you were clearly in your lane and following traffic laws.

These stereotypes can cost you your claim. A skilled attorney can help challenge them with facts, evidence, and expert testimony.

Who Can Be Held Liable for a Motorcycle Crash?

Establishing fault in a motorcycle accident also means determining who can be held accountable. It’s not always just the other driver. Possible responsible parties may include:

• Another driver. This is the most common situation. A motorist may hit your motorcycle due to speeding, distraction, improper lane changes, or failing to yield.
• A third-party vehicle. In some cases, another driver causes the crash without direct contact, such as by forcing you off the road. Eyewitnesses or video footage can be important for proving liability in these situations.
• A government entity. Poor road conditions, missing signage, or unmarked construction zones may point to the responsibility of a local or state agency.
• The manufacturer. Mechanical failures or design defects, such as faulty brakes or unstable steering, could make the motorcycle or parts manufacturer liable.

Fault isn’t always clear-cut; sometimes, multiple parties share responsibility, and each tries to push liability elsewhere. An experienced motorcycle accident lawyer can investigate all angles and hold the right party (or parties) accountable.

How a Motorcycle Accident Lawyer Helps You Determine Fault

Motorcycle crash victims in Maryland often face a double challenge: proving the other driver was entirely at fault and defending themselves against blame.

Your attorney can help:

• Launch an immediate on-the-ground investigation,
• Secure video footage,
• Bring in crash reconstruction experts when needed,
• Challenge weak evidence or improper fault findings in police reports,
• Push back against comparative-fault arguments from insurers, and
• Negotiate fair compensation.

They can also advise you on what to avoid doing after the crash, such as giving recorded statements, which could unintentionally hurt your case. Without legal support, you risk losing critical evidence and facing dismissal over a small allegation of fault.

Consult the Firm Marylanders Trust with Their Motorcycle Accident Claims

At Southern Maryland Law, we defend riders’ rights after serious motorcycle crashes, especially when fault is unfairly disputed.

Maryland’s contributory negligence laws make these cases more complicated, and a small mistake early in the process can affect your ability to recover compensation. That’s why our team acts quickly to investigate the crash, preserve critical evidence, and handle conversations with insurance companies on your behalf.

If you’ve been in a motorcycle crash and aren’t sure how fault will be determined, it’s important to get the support you need to protect yourself sooner rather than later. Call Southern Maryland Law today to schedule a free consultation.