How to prove fault in a Motorcycle Accident

Motorcycle Accidents Dan - November 5, 2018

A vehicle accident can be one of the most stressful events in a person’s life. Many people have underestimated the effect of an accident, only to find later they are suffering from unforeseen traumatic stress and physical problems that can impact their work and personal lives. Motorcycle accidents can be among the most difficult incidents to overcome because of the severe injuries a vulnerable rider can easily receive.

While most state vehicle codes make few provisions specifically for motorcycle riders with respect to fault in a collision, most reasonable people recognize that riders are at a huge disadvantage on the road.  They are far more susceptible to injury, and their vehicles are not as maneuverable or as resilient as four-wheeled cars and trucks. To get your case off to a good start, an experienced motorcycle injury attorney like Tom Blackburn can help.

Evidence

As entertaining as the average television legal drama can be, real-life legal disputes are decided by evidence, not by drama or emotion. For that reason, everyone involved in a vehicle accident should make the gathering of evidence their top priority from the very moment they are able. The accident scene should be thoroughly photographed, as should nearby traffic signs, road conditions, and weather conditions.   Collect names and phone numbers of any witnesses and the names, numbers, and insurance information of all those involved in the accident.

Make note of any visible surveillance cameras or ATMs. An objective view of a vehicle accident in real time can often reveal evidence that the most meticulous forensic examination cannot, and, if a surveillance camera captured the collision, it could be valuable at trial.

At Fault

One way to prove fault in an accident is to establish that at least one party violated some provision of the state vehicle code. Some examples of violations that could determine responsibility for an accident are excessive speed, unsafe lane changes, illegal turns, a vehicle in disrepair, or impairment due to the use of alcohol or drugs.

Ascertaining criminal liability or traffic infractions at the scene of an accident is a job for law enforcement – and their reports and the results of their investigation are public documents. If police respond to an accident scene and investigate, the police department will issue a report not long after the information is gathered. That report should be obtained the moment it is available and reviewed by an experienced personal injury attorney like Tom Blackburn.

Again, proof at trial will always be based on the evidence you can present to support your case. Photographs, forensics, and police reports will go a long way towards establishing who was at fault and why. Make certain you have the evidence you need and you will have a much greater chance of proving fault.

At Blackburn & Green, we understand the damage these types of accidents can do to a victim’s life, both physically and financially. We’ll go through the details of your case, look at all the evidence, and guide you through the best legal course of action. If you’ve been involved in an accident on your motorcycle that was caused by somebody else’s negligence, call The Man With the Bike ®️ today!



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