Those who ride motorcycles love the thrill of being on the open road. However, in an accident, you’re much more likely to sustain serious injuries. Even if you did nothing to cause your motorcycle accident, you’ll likely face criticism and blame.
After all, everyone will want to remind you of the risks you take when you get on a motorcycle. That doesn’t mean you deserve to have broken bones, road rash, or spinal cord injuries.
Proving you’re not responsible for your motorcycle accident isn’t impossible, though. Here’s what you should know about determining fault for motorcycle accidents in California.
Who Is At Fault for the Motorcycle Accident?
While it is going to be a challenge to prove fault in a motorcycle accident, you can show that you weren’t responsible. Generally, it’s a wise idea to hire a San Jose motorcycle accident attorney who can help you prove the at-fault party’s liability.
Without an attorney, you’ll likely go back and forth with the other driver and their insurance company over who is at fault. The other driver will likely blame you. The insurance company will have a bias against you because you chose to ride a motorcycle and knew the risks.
However, those in passenger vehicles do not always pay close attention to motorcycles. They may change lanes without double-checking the blind spot or stop short without noticing a motorcycle nearby. Many of them do not use turn signals either, which can cause a motorcyclist to crash.
With a proper investigation, it can be determined who was to blame for the accident. There may even have been certain conditions on the road or due to the weather that led to these events. If there was a large pothole in the road, you could hold those in charge of maintaining the roads responsible for your injuries.
Defective parts are another cause of motorcycle accidents that are often overlooked without the help of an attorney. If your motorcycle was newer, there could have been a mistake in the manufacturing process. If you’ve recently had it serviced or repaired, the shop may have made an error that ultimately resulted in your motorcycle accident.
Letting the Evidence Speak for You
For any accident, you’ll want to keep track of the evidence to support your claim. This step may be even more important for those who have been in a motorcycle accident. Remember, the other driver’s insurance company will try to assign you fault. If you have captured solid evidence, it will make it hard for them to spin the blame in your direction.
After your accident, you probably called 911 to report it. On the scene, the police officer would have filled out a report detailing their findings. While it’s not a slam dunk, the officer may have noted that the other driver was following too closely or made an improper lane change, which can help your case.
You may have photos or videos from the accident scene, or have the contact information of witnesses who saw what happened. If there were traffic cameras or businesses nearby with surveillance cameras, there may be videos that show an unbiased view of the accident.
Keep your medical records handy and take notes on your injuries and how you feel. You will also want to submit the clothes and protective gear you were wearing at the time. An accident reconstructionist can put these pieces together to show you were not responsible for your motorcycle crash.
You’ll have a lot of work to do to show you weren’t at fault. However, having an attorney to do all the legal work will ensure your best chance of having everything fall into place.
