How victims can prove fault in their motorcycle accident case
You were wearing high-visibility clothing, you stuck to the speed limit, you were driving defensively and were ready to yield at a moments’ notice. Yet, the car that struck you claims you came out of nowhere and were speeding.
The accusation of blame for an accident that wasn’t your fault can hurt just as much as your injuries. Injuries that have since left you unable to work and provide for your family. The sense of injustice is unfathomable – speak to underwoodlawoffice.com for more information.
At this stage, it’s normal for personal injury clients to wonder how they can possibly prove that the other motorist was at fault. Here we’ll look at how motorcycle riders can prove that they weren’t to blame for the road accident they were caught up in.
Eye-witness accounts
Did an innocent bystander call the emergency services after the crash? Did someone wait with you while the ambulance service arrived? If there were other witnesses to the crash, either pedestrians or other road users then their testimony could be invaluable in proving that the other motorist was to blame. It’s important to get the details of anyone who may have seen what happened.
Damage to your motorcycle
Your motorcycle might be a complete tangle of metal, but it could hold the key to proving the other driver was to blame. By examining the damage to your motorcycle, it may be possible for crash experts to determine where your bike was hit and at what speed you were traveling when they hit you.
Camera footage
There are cameras everywhere these days. So, chances are that the accident was caught on camera. Traffic cameras, dashcam footage, CCTV and security cameras, smartphones and even ATM cameras could all hold the key to proving that the other driver was at fault.
Phone records
Convinced that the other motorist was using their phone at the time of the crash? If this is the case, then a simple insight into their phone records might be able to prove your theory. Distracted driving is one of the main causes of car crashes in the US. Even if the perpetrator looked away from the road for just a moment, it could have been enough to leave you severely injured.
The police report
We don’t just call the police after an accident to keep the peace and to take control of the situation – officers who attend the crash will create a detailed report of what they believed happened. Their report could support that you weren’t at fault for the accident.
And finally, road markings
Skid marks on the road, debris, weather conditions and locations could all play an important role in proving who was at fault. If the driver failed to brake, or they held their brakes for a length of time then skid marks on the road will be able to provide relevant information. This information combined with other pieces of evidence listed above can help prove you weren’t at fault.
