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how to prove fault in a motorcycle accident

Motorcycle Accident Lawyer 101: How to Prove Fault in a Motorcycle Accident

All vehicles on the road can get into accidents, but motorcycles have less traction than most other vehicles, and that makes them more accident-prone. If you ride motorcycles on your way to school or work, you have to take extra caution on the road. And if ever things get out of control and you get into an accident, you need to carefully examine whose fault is it that resulted in the accident. This way, you’ll be able to get justice and the right compensation you deserve for the damages. Jeffrey Nadrich, a San Francisco Attorney specializing in motorcycle accidents provides some tips below for how best to prove fault in a motorcycle accident:

1) Compose yourself and keep calm

The first thing to do after a motorcycle accident is to take a look at yourself and how badly you got hurt. Keep calm and relax for a few seconds, and feel if you’re well enough to check the situation. You have to compose yourself and face the situation calmly so that you’ll know how to handle the situation properly, even if it’s difficult. Panicking and being angry won’t do any good, and it might, in fact, worsen the situation. Being aggressive towards the other driver or even bystanders will not solve anything, and will more likely give others the impression that you were the one who caused the accident.

2) Call for help

You need to report the accident to get the response team to attend to the situation as soon as possible. Don’t try to give first aid response if you’re not certified. If someone gets unconscious, don’t move the person as it may make the situation worse. Wait for the emergency response and medical team to arrive since they are more knowledgeable about handling this type of situation.

3) Gather evidence and witnesses

To prove fault, you have to gather evidence that you can present when the police arrive to conduct the investigation and generate the report. It is essential not to move anything in the accident scene if you haven’t documented the situation. Here are some photos you need to take to create strong evidence:

  • All sides of the motorcycle
  • The accident scene in all possible angles
  • Damages like dents, scratches, broken side mirrors, etc.
  • Where the motorcycle is located in reference to the right of way
  • Road signs and traffic signs nearby
  • Road and weather conditions

You can also look if other people witnessed the accident and ask if they can tell the police how they saw the accident. Moreover, if there are surveillance cameras or nearby ATMs in the area of the accident, it will also be useful in proving whose fault it was when you got into a motorcycle accident.

4) Coordinate with the officials

The police officials will question you regarding the accident. Make sure to answer the questions truthfully and calmly. The police will then have to generate a report based on both parties’ accounts, witnesses and evidence. A police report is a requirement if you’ll be filing for an insurance claim for the accident. At this moment, it’s also recommended that you contact attorneys such as The Dominguez Firm’s Los Angeles motorcycle lawyers so that all legal matters are appropriately addressed.

5) Exchange contact information

Both parties involved in the accident should be able to contact each other for compensation arrangements. Here is some information you need to know:

  • Driver’s name and license number
  • Address and contact number
  • Vehicle details
  • Insurance company details

Knowing this information is essential when resolving the issue and filing a claim.

6)  Determine who violated the rules

This part is based on the police report and how your motorcycle injury lawyer will analyze it. In every accident, there is a party that violated the rules. It’s easier to determine whose fault is the accident if you can examine the rules that are possibly violated. Commonly, here are some rules that might be violated during an accident:

  • Speed limits
  • Driving under the influence of alcohol
  • Violating traffic lights
  • Distracted driving

Why do you need a motorcycle accident lawyer?

Your lawyer is the one responsible for determining and proving legally whose fault it is. That’s why it’s essential to hire a motorcycle injury lawyer that will go through your case thoroughly and examine all the evidence and the reports. Your lawyer should guide and give you legal counsel on what type of charges you can file and the cost of damages. Moreover, the insurance company will decide how you’ll be compensated based on the legal decision drawn by your lawyer.

Final Thoughts

In any accident, proving whose fault it is will facilitate better problem resolution. Moreover, it will help the violated party get the right compensation for the damages caused to them. Calling for help, gathering witnesses and ample evidence, and seeking legal advice will help you resolve the conflict when an accident occurs.

About YouMotorcycle

YouMotorcycle is a lifestyle motorcycle blog to be appreciated by those who see motorcycling as a lifestyle and not simply a hobby, sport, or method of transportation. Most of the posts on the site are written by past and present motorcycle industry staff. We remain fiercely independent, innovative, and unconventional. Our goal is to encourage more people to enjoy the world's greatest outdoor sport by helping new riders get started and inspiring current riders to get out more. We motorcycle, do You?

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