Were you recently involved in a motorcycle accident? Pinpointing who was liable for the crash is an important next step.
Of course, you want to clear your name and ensure that partial liability doesn’t fall on you if you don’t think you were responsible. But you also need to know who to hold liable so you can start your insurance claim and seek appropriate compensation.
Review these methods of determining fault in an injury motorcycle collision, then contact a motorcycle accident attorney for assistance with your claim.
Request a Copy of the Police Report
If the police came to the scene of the accident, they likely created a police report with essential details about the crash. This information may include:
- The time, date, and location of the accident
- The contact information for all parties involved
- A sketch of the accident circumstances
- Information about the property damage to all vehicles
The police may have also deduced who was responsible for the accident based on the evidence provided. They may have written a ticket to the other party for violating traffic laws.
Your first step in determining fault after your crash is requesting a copy of the police report and reviewing the accident details from the officer’s perspective.
Review Traffic Laws
Violating traffic laws may automatically make a driver responsible for the accident. If you can point to specific traffic laws the other driver broke, you’ll have an easier time showing that they caused the motorcycle accident.
For example, maybe the other driver crossed a double line and merged into your lane, hitting you. Perhaps they were making a left turn at an intersection and they didn’t yield the right of way to you. You can read the Rules of the Road handbook or similar publications in your local area to find the exact laws applicable to your motorcycle crash.
Look For Video Footage
If the fault isn’t clear from the police report and you aren’t sure whether the other driver broke any traffic laws, your next step may be to enlist a motorcycle accident attorney to help you collect evidence. Having compelling evidence of fault can help you prove that you were not responsible for the accident.
Experienced motorcycle accident lawyers can help you determine whether any cameras caught your accident on video. These may be from locations such as:
- Dash cams in nearby cars
- Security camera footage from businesses
- Doorbell camera footage from nearby houses
If no video cameras picked up the accident, your motorcycle accident attorney can help you find other forms of evidence showing what happened in the crash.
Understand Comparative Fault Laws
Before you seek compensation, make sure you understand the comparative fault laws in your state. Texas and New Mexico have slightly different policies for seeking compensation after an accident.
New Mexico follows a pure comparative negligence policy, which means that the amount of compensation you can pursue correlates to your percentage of fault. If you were 40% responsible for the accident, you could seek 60% of the value of your damages. If you were 99% at fault, you could seek 1% of your damages from the other party’s insurance company.
Texas uses a modified comparative negligence policy, which means that while you can seek compensation relative to your fault percentage, you would be ineligible to collect damages if you are more than 50% responsible for the accident.
Consult an Experienced Motorcycle Accident Attorney
Proving fault in a motorcycle collision isn’t easy, and a motorcycle accident attorney can help. Your attorney can speak with the insurance companies on your behalf and provide compelling evidence that you were not responsible for the accident.