Complexities Can Arise When Establishing Fault in a Motorcycle Accident
With any motorcycle accident, the task of proving fault is often the most important step. Establishing who is to blame for the collision is so important since the at-fault part is often also the financially responsible party. While the basis of going about accomplishing this goal is fairly consistent, collisions involving motorcycles do present certain complexities. Learn about some of the challenges you could face.
The Element of Negligence
Negligence can come in many different forms. However, the information behind the act of negligence will often be critical in establishing who is at fault in the event of an accident. Traditionally, if one person hits another person, the person who hit the other vehicle is thought to be entirely at fault.
Yet, there is an element of unintentional negligence surrounding motorcycle accidents. For example, if the motorcyclist was weaving in and out of the lane aggressively, the accident may not be the fault of the other driver. A driver can only brake and take precautions when they know another vehicle is in front of them.
More Than One Party Could Be to Blame
Even as an accident victim, you too can be considered an at-fault party. For example, assume there was a driver who was traveling faster than the speed limit. However, the driver of the motorcycle failed to yield or use a turn signal and traveled in the lane in front of the driver.
In this instance, although the speeding driver played a part in the accident, the motorcycle driver was also to blame. Unfortunately, a declaration of shared fault can drastically impact how an accident victim can recover any property damage or medical treatment expenses.
Corroborating Statements Can Be Tricky
Things often go smoother when the story of the accident victim and the police report have the same information. However, with motorcycle accidents, it is not unheard of for the statement of a motorcyclist to be different. Not necessarily intentionally, but more so because motorcyclists are often rear-ended and therefore, unaware of the events that led to the crash.
In this type of scenario, having an attorney who can conduct research and a crash analysis to help collect information can be incredibly helpful, particularly if the other driver is attempting to blame the motorcyclist in the report.
Whether you need to prove fault with the other party or defend yourself, as the victim, of a false accusation of guilt, a motorcycle attorney can help.
