Determining Fault in a Motorcycle Accident
Riding a motorcycle is fun and freeing. Even though you have protective equipment on and you’re being careful, that doesn’t mean that you won’t get into a crash with another vehicle or someone else on the road. No matter how much you pay attention, another car could always lose control or be distracted and wreck into you.
When you’ve been in a collision while riding your motorcycle, you likely sustained injuries, and they could be severe. Because of this, you might want to take legal action against the driver who caused you harm. The first thing your lawyer will need to do is determine who was at fault for your accident so that you can get the compensation you deserve.
At McMath Woods P.A., we have experience looking into fault and know how important this step is for your motorcycle accident claim. Let’s take a look at the different causes of motorcycle crashes that help us determine who was at fault.
Causes of Motorcycle Accidents
By knowing what typically causes motorcycle accidents, we can figure out if your wreck falls into one of these categories and figure out who exactly was at fault for what happened to you. Here are some of the different causes of motorcycle accidents that we commonly see in claims:
- Blind spots. Most drivers aren’t looking in their blind spots for small motorcycles—they’re looking for vehicles that are the same size as theirs and are easier to see. That’s why many times, motorcycle accidents happen because they’re in the driver’s blind spot and they fail to see them.
- Distracted drivers. When either driver isn’t properly paying attention to the road, they could drift into another lane or miss a traffic signal that they should’ve seen and cause a collision with another vehicle.
- Speeding. Driving too quickly leads to motorcyclists and drivers alike being unable to control their vehicles. When a driver speeds, this can cause deadly collisions with motorcyclists, and when motorcyclists speed, this can cause them to wipe out and collide with other cars and objects in the road.
- Following too closely. When drivers tailgate motorcyclists, they can cause them to wreck. If motorcyclists do the same, they could get into a crash from the driver stopping quickly, which could lead to serious head injuries for the motorcyclist.
- Poor conditions. Even though motorcyclists typically ride in nicer weather, sometimes bad weather happens suddenly, and they lose control of their bike. Similarly, if the roads are poorly maintained and have potholes and other obstacles, riders might try to avoid the obstructions or lose control when they hit one.
Any of these situations could have led to your wreck, or it could have been another situation. Knowing what happened helps your lawyer determine who was at fault, but there are other factors that can contribute to who was responsible for the accident. Let’s take a look at what evidence your attorney will use to determine fault in a motorcycle accident.
What Evidence Helps Us Determine Fault
After your collision, you might think one party is at fault for what happened, but in reality, someone else is the one responsible. For example, fault could be assigned to the driver who hit you, or it could be another driver who caused a second car to lose control and crash into you. In other situations, a part manufacturer could be at fault because they supplied a faulty part. Even still, the department of transportation could be at fault because they didn’t fix a pothole or another road obstruction.
Fault is complicated, which is why your attorney will need different forms of evidence to determine exactly what happened and who was the party who directly caused your collision, injuries, and subsequent damages. The evidence that helps your motorcycle accident attorney figure out who was at fault is:
- Police reports
- Photos of the scene
- Witness statements
- Medical records
- Traffic cameras
- Dash cameras
Your lawyer will use a combination of all these documents to help them figure out who caused your collision. That way, they can hold the correct party accountable for your damages, whether it’s a small party, like a driver, or a larger party, like a part manufacturing company.
McMath Woods P.A. Is Here for You
After a motorcycle accident, you could use the help of a motorcycle accident lawyer to determine who was at fault for your wreck. We understand that this is likely a vulnerable time for you—you’re dealing with serious injuries and trying to get back on your feet. That’s why we’re here to help you. Reach out to our office today so that we can discuss your options.
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