How Fault Is Determined in a Motorcycle Accident?

Motorcycle accident cases in Maryland have some unique issues that make them a bit different than your average car accident case. 

Legally speaking, nothing is really different. A motorcycle has all the same rights as a car. But practically speaking there are real differences and your attorney needs to appreciate those differences to avoid a bad outcome in your motorcycle accident case. 

If you have been in a motorcycle accident, you should contact a Waldorf Maryland motorcycle accident attorney for a free consultation.

To discover everything you need to know about personal injury cases and motorcycle accident cases in Maryland, see our Free Legal Guide to Accident Cases in Maryland now. You can learn a lot in just 15 minutes. Know your options and be informed before you make big decisions about your Maryland motorcycle accident case.

The biggest question is always going to be – who is at fault? And that can be a tricky issue in a motorcycle accident. 

The fact is, people who don’t drive motorcycles might be biased against motorcycle drivers. This isn’t fair, but it is a fact in court. The jury will be comprised of non motorcyclists. The defense lawyer will strike anyone who rides from your jury. And those left might think that riding a motorcycle is inherently more dangerous, or they might be biased to think motorcycle riders take more risks. Again – not fair, but true. 

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 biases. 

Fortunately, an experienced car accident attorney can get all the evidence quickly in your case to 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.

Another Biased Allegation Motorcyclists Face Regarding Damages

Even if you get over the question of fault in a motorcycle accident, you will have a second bias in relation to your damages. People might think you will get more injured in a motorcycle accident than you would be in a car crash. This can certainly be true, but it should not matter legally. No jury should be allowed to reduce your damages simply because you were on a bike when the crash occurred.

It should not matter that your injuries occurred on a bike and not inside a closed car. A good attorney will make arguments with the jury that prevent them from considering such bias. They should not reduce the measure of damages in your case just because you were on a bike. That needs to be dealt with right up front in any trial.

If anything, a motorcycle crash is worse – which is why drivers of cars need to pay special attention to a motorcycle rider. A good attorney will turn that bias around so the jury will be more inclined to hold the adverse driver responsible for all injuries caused by their negligence.

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. 

You should definitely take a look at our Free Legal Guide to Accident Cases in Maryland. Everything in there applies to motorcycles as much as it does to cars.

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.