Motorcycle Accident: How Is Fault Determined

Riding a motorbike is exciting and liberating. But it can be unsafe too. A motorcycle accident can happen without warning. Even if you’re wearing safety equipment and taking precautions, there’s no guarantee you won’t collide with another car or someone else on the road. No matter how attentive you are, things can go bad sooner than you know; another driver may lose control or become distracted and collide with you.

If you were in a motorbike accident, you most certainly received injuries, which might be severe. As a result, you may take legal action against the motorist who caused you damage. The first step for your lawyer will be to discover who was to blame for your incident so that you may receive the payment you deserve. A motorcycle accident attorney from the Super Lawyer Legal Group can help you claim fair compensation for your losses.

Motorcycle accidents can cause significant injuries such as paralysis, limb loss, and traumatic brain traumas. These traumas can be life-changing and incur substantial medical costs for continued care.

The Super Lawyer Legal Group is willing to go to all extents to fight for you and win you your rightful compensation!

But let’s first discuss how fault is established in these cases.

Leading Causes Of Motorcycle Accidents In Georgia

A variety of circumstances can cause a motorbike accident. The carelessness of passenger vehicle drivers causes the bulk of accidents. Some of the most common causes of these mishaps are:

  • Left-turn accidents
  • Failing to yield
  • Swerving in front of a motorcycle
  • Distracted driving
  • Not correctly looking out for motorcycles
  • Speeding
  • Impaired driving
  • Opening the door of the car in front of a motorcyclist’s path
  • Quick lane changes
  • Sudden stops

What Evidence Helps Georgia Personal Injury Lawyers Determine Fault

Of course, pointing a hand at the other motorist and claiming blame isn’t enough to get compensation from them. Victims must be able to back up their claims with proof and a sound legal strategy.

Another issue motorcycle accident victims should be aware of is that insurance adjusters tend to view motorcycles as inherently risky. This makes proving their claim all the more difficult. Their preconceived view is also utilized to diminish or altogether dismiss the victim’s claim against the negligent motorist.

It is always best to leave your case to an experienced attorney. They’ll devise a solid legal strategy to preserve your rights and guarantee that the responsibility is assigned correctly.

Listed below are some measures motorcycle accident lawyers use to determine fault:

#1) Accident Site Investigation

The crash site can disclose much about what transpired in the moments leading up to and following the event. Motorcycle accident lawyers collaborate with professional investigators who visit the scene of the accident to gather information about:

  • The road’s layout
  • The structure of the intersection (if any) where the crash occurred
  • The place of the traffic light
  • The timing of the traffic light
  • The location of road signage
  • Damage to barriers, skid marks, the pavement on the road, and other crash indicators/remnants

The investigators capture photographs and videos of the scene as evidence and compare them to police and insurance provider reports to strengthen your claim over their defenses.

#2) Collecting Statements From Witnesses

It is also critical to have comments from witnesses that can assist in accurately identifying the at-fault party. The names and contact information of witnesses at the scene are frequently included in accident reports. If you did not need to be brought to the hospital due to the mishap, you might have spoken to witnesses to the accident.

Motorcycle accident attorneys with experience know how to locate and interview witnesses to obtain their testimony. They also assess their trustworthiness and match their claims to the facts of the case. Eyewitness testimony is critical in supporting your story of what occurred at the scene of the incident. Even if they undermine your claim, being aware of adverse facts will assist your lawyer in anticipating potential insurer objections.

#3) Examining The Vehicles Involved

During the examination, your lawyer will go over your motorbike and the other cars involved to determine the nature and amount of the damage. They will also take note of the position of the wreckage as well as any car flaws that may have caused the accident. If any of the cars have an event data recorder, the data collected by it will be evaluated as well.

If the insurance company denies responsibility for your claim, your motorbike accident attorney may hire an accident reconstructionist. They’ll utilize their knowledge to evaluate the accident and submit their findings to back up your claim.

#4) Figuring Out The Role Of The Other Driver

To file a motorcycle accident claim, plaintiffs must determine what the other motorist did or did not do in the moments preceding the impact. This can be pretty helpful in establishing the claim. During the appointment, your motorcycle incident lawyer will go through everything you recall witnessing the other motorist do before crashing into your bike.

They may be seeking evidence of the other driver’s carelessness. Negligent driving conduct includes:

  • Speeding
  • Not following traffic rules and signals
  • Reckless driving
  • Honking or getting mad over others on the road
  • Tailgating
  • Shifting into other lanes

#5) Determining The Liability Of Other Parties

The fault may be apportioned to multiple parties in some motorcycle accidents. For example, if your case concerns an automobile problem, the vehicle’s or its component’s manufacturer may be held accountable for your injuries. If the other motorist was a professional driver, their employer might also be held liable for the accident.

Simply put, only a comprehensive investigation that considers all case circumstances can assist a motorcycle accident attorney in determining whether different parties are at blame.

Let Our Motorcycle Accident Attorneys Help You

Being a motorbike accident victim may be life-changing since you may suffer significant physical, mental, and emotional consequences. The last thing you want to do after a car accident is rush from pillar to post in search of justice.

Plus, demonstrating blame is complicated and should be left to the professionals. Our Georgia personal injury lawyers from the Super Lawyer Legal Group understand how to improve your chances of winning a fair settlement for your case by anticipating potential defenses used by the at-fault party. They are also adept at interacting with and dealing with insurance companies to obtain reasonable reimbursement for you.

The initial consultation is free, so don’t wait any further to reach out for help!

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