The very things that make motorcycles so popular are the same ones that make them so dangerous for motorists. According to statistics, a motorcycle accident is as many as 28 times more probable to result in a fatality when miles traveled are compared. Once more, motorcycle riders are as many as four times more likely to be injured while riding. Motorcyclists only make up less than 3% of vehicles registered in the United States, yet, they contribute to over 14% of all vehicular traffic fatalities.
Much like the introduction of cell phones has led to an increase in accidents caused by distracted driving, over 40% of all motorcycle wrecks can be attributed to motorists not paying close enough attention.
In legal terms, someone is liable for a collision if their actions or failure to act results in a motorcycle collision. If they act with intent, they also might be held negligent, and therefore, liable. Negligence means that an individual either acts differently than a reasonable person would in the same situation, or in reverse, fail to act as a reasonable individual would have. When someone behaves negligently, they might also be held liable for compensation.
What you do following a motorcycle accident is critical and can have a significant impact on your case. Therefore, it is essential to understand the post-accident process and what to do and say, and just as importantly, what not to do or say. There are occasions when individuals act intentionally to cause an accident.
Often, although the individual will be held liable and accountable for injuries and damages, insurance companies will not cover acts that were intentional, meaning the motorist will not be covered for the injuries and damages they cause, leaving the not-at-fault motorist with the ominous to recoup their injuries and damages outside of the insurance coverage.
Once the accident is cleared and all parties have been attended to, someone necessarily has to be designated “at fault” for the collision. The way to determine fault is by examining the behaviors and actions of motorists directly before, during, and after the collision. Documentation is going to be highly critical if the case should go to court, or if there is a dispute about what happened and who is at fault.
Without the right proof, you could jeopardize your ability to receive fair compensation for your damages and injuries. The steps you take throughout the entire progress will greatly affect how your actions are perceived, which could affect your liability. One general rule of thumb is less is better. It is very important that you restrain from speaking openly about the accident with others. Furthermore, avoid posting anything related to the accident on social media entirely.
All parties who are involved in the collision will be involved in determining who is at fault, and ultimately, liable for the accident. One of the key players in the process of ascribing fault will likely be the insurance companies. Insurance carriers use all of the documents collected while determining who is at fault, and ultimately liable for damages and injuries.
The factors used to determine who is at fault include eyewitness accounts, medical care and emergency reports, state traffic laws, the type of vehicular accident it was, and videos and images, which is why being thorough is so important. The documentation that is gathered will begin to tell the story of what happened and why it happened.
Even if you are involved in a minor motorcycle accident, it is critical that you call the authorities to investigate and document the accident. The police report will go directly to both insurance carriers. Having a recount of the accident in writing, via the police report, might become critical if injuries or damages arise and there is a question as to who is at fault and liable.
After the police report is filed, you will want to obtain a copy to hold onto. Before you file it away, make sure that you read it over thoroughly, outlining any statements that you don’t agree with or feel are incorrect. In some instances, you are able to revise things within the report, when inaccurate. Accuracy is going to be the key to your case, should it go to trial.
Again, insurance companies will likely be responsible when determining who is at fault and liable for damages and injuries, so it is critical that you beware when making any statements to the insurance carrier. If you are questioned, remember that everything you say is being recorded and has the potential to surface during the litigation process.
The less you say, the less likely your words are to come back to bite you. You have the right to ask for your lawyer to be present before you submit to questioning. They will be your best defense against saying anything that can be misunderstood or misconstrued.
In many cases, traffic laws will greatly affect who is assigned at fault and liable. There are also situations where the nature of the collision itself suggests fault, like when someone is hit from behind. Also, situations like the right of way laws can dictate necessarily who is at fault.
Pay attention to traffic signs and lights at the scene and get images and videos, when possible. Also, if there are witnesses, ask if they saw anything and are willing to make a statement. Many municipalities and cities have posted cameras at stop lights which can be used if the events of the accident are disputed between parties.
If you are involved in an accident and there is a question as to who is at fault and negligent or you believe you are being falsely ascribed guilt in a motorcycle accident, it is critical that you hire an attorney to protect you and ensure that you get what you are entitled to. Contact us immediately following an accident so that you take the right steps to receive what you are entitled to!
