Motorcyclists are known for being thrill-seekers who love adventures and speed. However, this reputation does not come in handy when they are trying to get fair compensation after being involved in a motorcycle accident. No matter how skillful and careful the rider is, most probably they will take the blame for the accident. Moreover, since motorcycles do not have airbags or protection like cars do against sudden collisions, the consequences of the accident can be catastrophic for the rider. Motorcycle crash injuries tend to be severe, and damages done to motorcycles are very expensive to repair.
That is why riders need to have enough evidence that the accident was not their fault to obtain fair compensation that would cover all of these expenses. If you are a motorcyclist, this article will inform you on how to prove that another party was at fault for the motorcycle accident.
Police Report
To file a compensation claim, you need to prove that the accident was the other driver’s fault, not yours. Therefore, you will need a detailed police report to support your case. The report should include the police officer’s observations and determination of fault in the accident, the witnesses’ statements about what they saw when the accident took place, and other details. Moreover, if you were badly injured and forgot or missed any important details about the crash, most probably you will find it in the report as the police officers investigate the accident scene thoroughly. Therefore, you need to get a copy of the police report as it is strong evidence that would help support your claim.
Hire a Lawyer
Trying to prove that the crash wasn’t your fault is a tedious and complicated process as there are many loopholes and details only experienced lawyers can detect and go through. Moreover, motorcycle accident lawyers take some steps to determine fault that you will find hard if not impossible to do on your own, like investigating the accident scene, examining both vehicles, interviewing witnesses, and investigating the driver’s actions (speeding-aggressive driving- disobeying traffic signs-etc..). Therefore, professional lawyers at Zavodnick, Zavodnick & Lasky, LLC. recommend that you seek the help of personal injury lawyers to help you prepare a strong case.
Moreover, the other party might hire a lawyer to represent them, and in this case, you will diminish your chances to win your case against a professional lawyer. A personal injury lawyer can place the blame for the accident where it belongs.
Gather Evidence
To prove that the accident wasn’t your fault, you need to gather enough evidence right after the accident. Take photos of the accident scene, damages to your motorcycle, and pictures of your injuries too. Before taking off your helmet, take a picture of yourself wearing it as proof that your injuries were not caused by your negligence and not wearing one. If there were surveillance cameras around the accident scene, ask the owners to check if they recorded the accident so you can take a copy. However, if you were severely injured, do not attempt to do any action that would worsen the injuries, seeking immediate medical care should be your top priority then.
Be Accurate
You must tell the police officers everything exactly as it happened. If you are not feeling well or can’t remember everything, tell the police that you are not sure because you can’t focus right now due to your injuries. Try not to talk to the other party more than you should. You just need to take their number and information about their insurance company, so try not to get into a long conversation with them, as their insurance company can use your statements against you in court.
Damages and injuries that result from motorcycle accidents can require months of expensive and painful recovery. That’s why you should always wear protective gear, even if it’s just a men’s motocross helmet. However, if the crash was not your fault, you need to prove it to receive fair compensation for your physical, emotional, and financial damages. It is not easy to prove that the rider is the victim, not the driver because riders have the reputation of being reckless. However, you can prove that it wasn’t your fault when you gather important documents right away after the incident that includes, copy of the police report with the witness’s statements and the police officers assessment of the situation, photographs of all the damage done, injuries, and the accident scene. Moreover, you need to hire a personal injury lawyer or a motorcycle injury lawyer, as they have the knowledge and experience to prepare a strong case in court.