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How Fault Is Determined In Motorcycle Crash Cases

A motorcycle crash often leads to significant injuries, damaged property, and financial strain in the days and weeks that follow. One of the most important legal issues in any case is determining who is at fault. Fault is the foundation of a personal injury claim, and it can affect everything from insurance payouts to the ability to recover damages in court. For motorcyclists, establishing fault can be especially important, as bias against riders may influence how an accident is perceived. Working with a legal team that understands how to gather and present strong evidence can make a significant difference. For those facing this process, consulting with a Seattle, WA motorcycle accident lawyer can be a practical first step.

Types Of Evidence That Help Establish Fault

Proving fault begins with collecting the right information. Police reports, witness statements, crash scene photographs, and video footage—whether from traffic cameras or nearby businesses—all contribute to showing what actually happened. In addition to visual and testimonial evidence, we often rely on physical evidence from the vehicles involved, such as skid marks, damage patterns, or debris distribution. These details can help reconstruct the crash and support claims about which party caused or contributed to it.

How Comparative Fault Affects Compensation

Washington follows a pure comparative fault system. This means that even if someone is partially at fault for the accident, they may still recover damages—though their compensation will be reduced by their percentage of fault. For example, if a motorcyclist is found to be 20% responsible for a crash and is awarded $100,000, they would receive $80,000. Insurance companies are well aware of this rule and often try to shift blame to minimize their payout. We work with clients to challenge unfair fault claims and focus on presenting the facts clearly and accurately.

When Multiple Parties Are Involved

Some accidents involve more than two vehicles, or they may include other factors such as defective road design, poor signage, or faulty parts. In these cases, more than one party could be liable. We conduct thorough investigations and review the entire context of the accident, including driver behavior, vehicle condition, and environmental conditions. This approach helps us identify all potentially responsible parties, which can increase the available sources of compensation.

Why Prompt Action Matters

After a crash, time matters. Witness memories fade, physical evidence disappears, and insurance companies begin their own investigations quickly. By acting early, our team can help preserve important details and protect our clients from statements or actions that could hurt their claim. At our firm, we offer free consultations and don’t charge any fees unless we recover compensation. That means people can get legal advice right away without worrying about upfront costs.

Helping Riders Protect Their Future

Determining fault in a motorcycle crash can be complicated, especially when biased assumptions about riders influence how the incident is viewed. We work to overcome those assumptions with facts, clear communication, and a strategy built around each client’s needs. Our firm is equipped to handle tough cases, including those involving serious injuries or disputed liability. With decades of combined experience and a strong commitment to client care, Herschensohn Law Firm, PLLC stands ready to help. To speak with our legal team about your case, reach out to us today for a free case review.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

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19219 68th Ave S Suite M-101
Kent, WA 98032
301 E 2nd Ave Suite 201
Ellensburg, WA 98926
21916 Meridian Ave E
Graham, WA 98338
1918 1st Ave N
Seattle, WA 98109
1357 NW Louisiana Ave
Chehalis, WA 98532

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  • About Us
    • Our Firm
    • Results
    • Community Involvement
  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
    • Dangerous Drugs
    • Sex Abuse
    • Medical Malpractice
  • Resources
    • Blog
    • Media
    • Podcast
    • Testimonials
    • FAQ
    • Press
  • Areas We Serve
    • Kent, WA
    • Seattle, WA
    • Ellensburg, WA
    • Graham, WA
    • Chehalis, WA
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