Determining Fault in Motorcycle Accidents
When you are on your bike, you don’t have the protective shell that vehicles afford, you’re more difficult to see, and you’re more vulnerable to the road’s condition – all of which means you’re at greater risk of being seriously injured in a traffic accident. Your motorcycle accident claim will come down to proving the other driver’s fault in the matter, which often relates to simply not affording motorcyclists like you the duty of care they are owed. Determining fault in your motorcycle accident claim is critical to its success, which makes consulting early on with an experienced Georgetown motorcycle accident attorney the best practice.
Other Drivers Have a Responsibility to Your Safety
When you’re on your bike, all the following apply:
- You take up much less space on the road.
- You are more difficult to spot.
- You can easily get lost in other motorists’ blind spots.
- You require much shorter stopping distances.
None of these, however, lessen the responsibility for your safety that other drivers bear. Often, motorcycle accidents are caused by motorists who fail to take the precautions necessary to safely accommodate motorcyclists in their midst, such as when changing lanes, moving through intersections, or following motorcyclists.
Determining Fault Boils Down to Evidence
In motorcycle accident claims – and in all personal injury claims – fault is determined in accordance with the evidence.
Physical Evidence
Physical evidence refers to evidence that is left at the scene, such as skid marks, paint transfer from vehicle to vehicle, the manner in which the vehicles landed, the physical damage to both, and so on.
Testimony
The testimony of those who witnessed the accident, such as bystanders and the occupants of nearby vehicles, can help create a much clearer picture of how the accident transpired and who caused it. The testimony of expert witnesses can also come into play, such as in relation to the mechanics of the accident.
Photos and Videos
If there are other people around, you can generally expect them to capture photos and videos of the accident at various stages. There are also dashcams, security cameras, and traffic cameras to consider. This photographic evidence can prove very important when it comes to proving the other driver’s negligence.
Professional Accident Recreation Models
Professional accident recreation models can help clarify how and why the accident occurred, which can bolster your ability to prove fault.
The Police Report
While the police report generated by your motorcycle accident is unlikely to be definitive regarding fault, it can help round out the available evidence, and it will need to be addressed regardless of what position the officer takes. Further, if the attending officer ticketed the other driver, it can go a long way toward strengthening your claim.
It’s Time to Call an Experienced Georgetown, SC, Motorcycle Accident Lawyer
The focused Georgetown motorcycle accident attorneys at Oxner and Stacy Law Firm appreciate the immense losses associated with motorcycle accidents and have the experience, legal insight, and resources to help. To learn more, please don’t wait to reach out by contacting us online or calling us at 843-983-2352 today.