One weekend, you take a nice drive on your motorcycle. The air is crisp, the sun is shining and the day couldn’t be more perfect. At least you think it’s perfect until a vehicle hits you and sends you sliding across the rough asphalt. Who will face liability for the accident? Here are the reasons a thorough investigation should be done and how you can handle this situation.
Liability and determination
In the case of two vehicles involved in an accident, liability is determined with an investigation. An investigation is even more important to determine liability in an accident involving a vehicle and a motorcycle. Insurance companies will try and place fault on the driver of the motorcycle. They use reasons such as the rider knew the danger he was putting himself in.
Motorcycles have as much legality on the road as cars and trucks. The driver of any vehicle assumes responsibility and knows the dangers of driving at any time, especially with distracted driving on the rise. An experienced motorcycle accident attorney will perform a thorough investigation of the scene, of the vehicle involved and of the motorcycle. He’ll also check the helmet the rider was wearing for manufacturer’s mistakes. They can also be held liable in the accident.
Types of fault
Motorcycles are no different than vehicles when it comes to the state’s laws on what type of fault they reside under. For instance, in a Modified Comparative Negligent state, you can seek compensation if you are partially responsible for the accident. You may receive compensation for the percentage of the accident that wasn’t your fault.
In a Modified Comparative Fault state, if you are 51 percent at fault, you can’t receive any compensation from the accident. If you are under 49 percent at fault, you can file a claim. A professional attorney will know the laws for your state and what fault you fall under.
What an attorney will do
An attorney will thoroughly investigate every part of the accident. He will take witness statements, medical records and police reports. In the case of a motorcycle accident, he will probably hire expert witnesses to determine things like speed and actions drivers could have taken to avoid the accident. Photographs taken will also be thoroughly checked, and the accident may be reconstructed to understand liability.
It is important to keep the bike and helmet the same as they were when the rider was hit. If he has any photographs of the bike before the accident, those would help tremendously. The attorney can show the damage that was done to the bike from the accident.
What you should do
If you have been involved in a motorcycle accident, it is important that you always seek medical attention immediately. Even if you don’t feel that you are injured badly, you should seek the opinion of a medical expert because you may be in shock and not realize the damage. If possible, you should take photographs of the scene. Take photographs of anything you can think of, including your injuries.
If there are any witnesses, get their contact information so they can provide an account of what they saw. A police report is important and after your visit with the doctor, get a medical report.
It is best to speak with an attorney before dealing with the other driver’s insurance company. They will try to lay the blame on you, or they may try to get you to settle for much less than you deserve. The attorney will advise you on whether to speak with them and what to say if you do.
A complete investigation of a motorcycle accident is extremely important in proving liability. Motorcycle riders get a bad reputation as drivers normally. When an accident occurs, insurance companies try and put all the liability on them. It is important to scan every area and every aspect of the accident so that each part is taken into account. You may be partially liable or not liable at all. Either way, you deserve to be treated fairly. An attorney will perform a thorough investigation to see that you are.