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Proving Liability for Your Motorcycle Accident Injuries

— July 28, 2022

Proving liability for motorcycle accident injuries can be difficult, but it is important to do if you want to receive compensation for your damages.

Motorcycle accidents can be incredibly dangerous. Not only are you at risk for serious injury if you are not wearing a helmet, but you may also be liable for the damages. To prove liability, you must provide evidence that the other driver was negligent.

Gather Evidence

If you have a camera on your phone, take pictures of the license plate numbers of the other vehicles involved and any visible damage. It could also include road markings showing where the accident happened. If you don’t have a camera, get the contact information of witnesses who may have seen what happened.

You must not sign anything or accept any responsibility for the accident until you have had a chance to speak with an attorney. It is also important not to get involved in discussions about who was at fault for the accident because anything you say can be used against you later.

Seek Medical Attention

Even if you do not think you are injured, it is critical to seek medical attention immediately after the accident. Some injuries, such as whiplash, may not present symptoms until days or weeks after the accident. A doctor can document your injuries and connect them to the crash, which will help to prove your damages.

Additionally, insurance companies often try to lowball injury victims by offering a quick settlement that does not begin to cover the full extent of their damages. If you have already sought medical treatment, the insurance company will be less likely to offer a lowball settlement because they will be aware of the true extent of your injuries.

Show How the Other Driver Was Responsible for the Crash

Man texting and driving; image by Alexandre Boucher, via
Man texting and driving; image by Alexandre Boucher, via

Another way to prove liability is to show that the other driver was breaking the law at the time of the accident. For example, if they were speeding, running a red light, or driving under the influence of drugs or alcohol, you can use this as evidence that they were negligent. A police report can be helpful in this regard because it will document traffic violations.

Additionally, dashcam footage or surveillance footage from nearby businesses may have captured the accident on video. You can use this footage to prove what happened and who was at fault.

Proving Negligence Through Expert Testimony

Sometimes, you may need to hire an expert witness to testify on your behalf. An accident reconstruction specialist can review the evidence and provide testimony about how the crash happened and who was at fault.

If the other driver was clearly at fault and there is enough evidence to support your claim, you may be able to settle your case without going to trial. However, if the other driver denies responsibility or there is disagreement about who was at fault, you may need to take your case to court.

Speak With an Attorney

If you have been involved in a motorcycle accident, do not try to handle the claim on your own. A Spartanburg motorcycle accident lawyer can help you review the evidence in your case and help you to determine the best way to proceed. They can also negotiate with the insurance company on your behalf and fight for a fair settlement.

An attorney can guide you through the claims process and help you to avoid making mistakes that could hurt your case. If necessary, they can take your case to court and represent you throughout the legal process. An attorney will likely have better chances of getting you a better settlement than you could obtain on your own.

The Importance of Legal Counsel

Proving liability for motorcycle accident injuries can be difficult, but it is important to do if you want to receive compensation for your damages. Be sure to take photos of the accident and seek medical attention as soon as possible. If you need help proving your case, an experienced motorcycle accident lawyer can assist you.

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