How Fault Is Determined in Motorcycle Accidents

Fault is determined in motorcycle accidents by collecting and analyzing evidence from as many sources as possible. The police, the insurance adjusters, and your Tacoma motorcycle accident lawyer will all investigate the accident scene and come to their own conclusions.

Determining fault is a critical step in recovering financial compensation after negligence-related collisions. Not only can your attorney tell you who is at fault, but they can also manage your entire motorcycle accident claim and lawsuit for you.

Collecting Evidence That Can Determine Fault in Motorcycle Accidents

The types and quality of evidence available to the injured party will depend on the circumstances surrounding the accident, including where the crash occurred and how many people were around at the time. The forms of evidence that may be helpful in your case include:

Testimony From Motorcycle Accident Witnesses

Whether you noticed anyone else at the scene or not, your attorney can ascertain (e.g., by examining video footage) if other people were present. These people might have seen things that you did not notice and add valuable context to the investigation.

If there were no witnesses, fault might be more difficult to prove. However, your lawyer could still rely on your own testimony, as well as statements from experts who can reconstruct the sequence of events.

Video Footage of the Motorcycle Accident

Cameras are everywhere these days, including traffic cameras, security cameras, and even the cameras in the cell phones that almost everyone owns. Even a few seconds of footage can illuminate how the motorcycle collision happened.

Still photographs, though perhaps less useful than video footage in this situation, can also provide helpful information. If you took any photos immediately after the crash, be sure to show them to your lawyer.

Police Reports of Motorcycle Accidents

The police are typically the first investigators on the scene. They can compile evidence while it is intact and write an accident report in which they draw conclusions about what they think occurred.

Your attorney can request a copy of this report to find out what the police know and decide whether or not the police’s conclusions are accurate and fair.

Analyzing Motorcycle Accident Evidence to Determine Fault

Materials like those listed above can help to create a clearer picture of what happened and who is responsible. Investigators can glean many types of important information from such evidence, including:

• Who was present: The first step to determining fault in a motorcycle accident is to establish the responsible party’s presence on the scene.
• What each party was doing: For example, you will want to show that you were obeying the traffic laws and that the responsible party was not.
• Whether anyone’s actions constitute negligence: Sometimes, the responsible party will try to deny that they were behaving carelessly. The evidence can show if they failed in their duty of care and engaged in dangerous behaviors, such as tailgating, speeding, or running stop signs.

Evidence Can Also Determine Your Motorcycle Accident’s Value

Another important piece of information that evidence can reveal is your case’s worth. This tells you:

• How much you have or are likely to lose in terms of money and income
• The financial worth of intangible damages, such as physical pain or emotional distress
• How much you should ask the liable party to pay you for all of your financial recovery
• An accurate number against which you can compare the insurance company’s settlement offers (insurers sometimes try to undervalue motorcycle accident injuries and offer a fast but unfair settlement)

Why Hire a Lawyer to Determine Fault After Your Traffic Accident?

It may seem redundant to hire a personal injury attorney to investigate your collision. After all, if the police and the insurers will be looking into things anyway, what is the point in starting yet another investigation?

The benefits of hiring a motorcycle accident law firm include:

• Gaining access to someone who knows what kinds of evidence to look for and how to get their hands on that evidence
• Having an investigator who is firmly on your side rather than one who must remain neutral (like the police) or one who may work against your interests (the liable party’s insurer)
• Allowing your lawyer to handle all communications with other parties, including the liable party and the insurance companies

Motorcycle Accident Attorneys Do More Than Determine Fault

You have a lot of things to worry about after a motorcycle crash. Your lawyer can provide advice and support when it comes to many of these items, such as:

• Paying for medical care as you wait for your settlement
• Refuting the other party’s insurance claims that you are responsible for the accident
• Negotiating for a fair settlement with the at-fault party’s insurance company
• Representing you at all meetings with the other parties, both in-person and virtual
• Educating you about your rights and helping you make the right decisions as your case moves through the system

When to Start Investigating Fault After a Motor Vehicle Crash

It is a good idea to hire a personal injury attorney as soon as possible after the crash. This can make your case easier to manage because:

• You have a limited time to file a claim or suit. (In Washington State, for example, you have three years to begin a personal injury lawsuit, according to RCW § 4.16.080.) The faster you begin, the less likely you are to run afoul of such deadlines.
• Documentary evidence is generally more abundant and easier to find when the accident is still relatively recent. As time goes on, photos or video footage may get erased, and paperwork might be harder to track down.
• Eyewitness testimony, while important, is not infallible or set in stone. The more time passes, the less reliable—and, therefore, less valuable—their recollections may become.

Your personal injury lawyer would be glad to answer any questions you have about your case, both before and after you get started.

Let Jackman Law Firm Determine Who Is at Fault in Your Motorcycle Accident

Jackman Law Firm handles every case with honesty and integrity. For more information on how we determine fault in motorcycle accidents and how we can pursue the fair compensation your family needs, call us today. We offer free case evaluations to all callers, and you only have to pay us if we win.