Who’s At Fault in a Motorcycle and Car Accident? How to Prove Liability
We get on the open road every day. It’s just part of our day to day routine. It’s so normal to us, even, that we forget about the inherent risk involved. Accidents happen every day, and many can prove to cause serious injuries to those involved.
This is especially true in the case of a motorcycle and car accident. These accidents can be quite brutal, with the biker often sustaining serious injuries. Nearly 100,000 of these accidents occur each year.
It can be harder as a motorcycle owner to win the compensation that you truly deserve in a case. Often, juries are predisposed to vote against a motorcyclist due to a perception of the dangers of such bikes. How can you prove fault in a case and get the compensation you deserve?
Read on and we’ll walk you through what you need to know.
Risks of Motorcycle Riding
Part of why proving negligence in a motorcycle automobile can be so difficult is that motorcycles are inherently risky to use. Unlike traditional forms of transportation, motorbikes do not provide a large amount of protection to the user.
They only have two wheels, and they are also much lighter and smaller than a traditional vehicle. Due to the size of motorcycles, they are often less visible to other cars on the road. Accidents are often caused by motorists who did not see a motorcyclist coming.
Most motorcycles don’t have seatbelts, and there is nothing in place to prevent a cyclist from direct contact with the road when an accident occurs. It can require a lot of skill to properly operate a motorcycle, and thus it makes it more dangerous to ride one on the open road.
These factors combine to paint a fairly risky portrait of motorcycle ownership. Due to these factors, most cyclists need to provide a very strong case to show that the driver of the automobile in the accident was at fault.
Negligence in Automobile and Bike Accidents
When it comes to a motorcycle accident claim, a person must be able to prove negligence on the part of the other driver. This can often be difficult and might require the help of a motorcycle accident attorney.
A person is negligent when they exhibit behavior that is not up to par with the ‘reasonable’ expectations of society. A driver who is speeding, texting, inebriated, or behaving in a similar way could be found as negligent.
It is, of course, possible that either or even both parties in an accident could have acted negligently. An attorney will help to gather evidence that both serves to prove that the driver acted in a negligent fashion and that the motorcyclist acted in a reasonable fashion.
One must also prove that the defendant suffered injuries and losses as a result of the accident. These losses can take various forms. The most common types of losses discussed in these cases are medical bills, lost wages, and expenses for pain and suffering. It can also be property damage done to a person’s property, such as their bike.
If the motorcyclist in question did not sustain any damage or loss due to the accident, they might not be able to receive compensation in court.
Negligence On Both Sides
What if a driver can prove that a motorcyclist also acted negligently? Many states practice a policy known as comparative negligence. In this process, the negligence of the defendant is weighed against that of the plaintiff.
A motorcyclist might see the amount they can receive in compensation lowered based on to what degree they were also responsible for the incident.
Building A Case
There are many steps that an attorney can take to help gather evidence to build a case. Many of these steps will take place at the scene of an accident, so it’s important to be aware of what steps you might need to take.
For one, the police report from the scene of an accident can be very important. Police officers dispatched to the accident will conduct interviews and look for evidence. Their report will likely include their perception of the accident and to what degree each individual involved was at fault.
That’s why it’s important to speak openly with a police officer. You should ensure they’re getting down all the pertinent details. You should avoid taking the blame for anything at this stage, even if you think you might have blame to share. You might be unaware, from your vantage point, of the full details of the case.
You should also avoid making assumptions. If statements you make can be proven false later on, it might weaken your case. Stick to things you know are facts.
In addition to the police report, consider taking photos at the scene of the accident. Everyone has a camera in their pocket these days, so you might as well use it. Take pictures of your injuries as well as damage done to your vehicle or the other vehicle.
Larger photos of the scene of the accident can also be helpful to establish how the accident may have occurred. With this evidence in hand, you have a stronger chance of proving fault and winning your case.
Fault In A Motorcycle and Car Accident
A motorcycle and car accident can be a difficult case to win. You need to be able to provide the needed evidence to prove fault and prove that you yourself were not negligent. The above information can help you determine how best to do this.
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