How Is Fault Determined in a Motorcycle Accident Claim?

After being involved in a motorcycle accident, you may be overwhelmed, injured, and unsure of what to do next. The liable party can be ordered to compensate you for the total value of your damages and suffering. With the support of a high-powered Rhode Island motorcycle accident lawyer from Gemma Law, you can fight for maximum compensation.

Before we can move forward with your claim, we need to determine fault in your motorcycle accident claim. Our comprehensive investigation should provide us with the evidence we need to build a compelling claim against those responsible. Here is more about how fault is determined in a motorcycle accident and which parties could be named in your insurance and civil claims.

The Importance of Our Investigation

Your Rhode Island car accident lawyer will conduct a detailed investigation after taking on your case. It will be up to us to gather the evidence we need to prove liability and build a powerful claim against those responsible. Here are some of the most important pieces of evidence that we will need to win against the at-fault party.

Accident Reconstruction

One of the most common ways of establishing fault for a motorcycle accident is by hiring accident reconstructionists. Your legal advocate can work with reconstructionists to recreate the accident. This way, we can gather more information about how the accident occurred and who should be held accountable.

Police and Crash Reports

We will also need to review any crash reports. This is one of the reasons why it is so important to call emergency responders to the accident scene. Law enforcement officials should write detailed crash reports that outline how the collision occurred and who is responsible.

Later, if your motorcycle case goes to trial, we can call on responding officers to testify on your behalf. With police testimony on your side, the jury is more likely to take your case seriously. Crash reports can also be used to determine whether multiple accidents have occurred at a specific intersection, which could mean government agencies responsible for road safety and maintenance may share liability for your losses.

Medical Evidence

Medical evidence can also help us determine who is liable. How your injuries occurred and the extent of your injuries could aid in our investigation. For example, if you suffered head injuries in the collision due to a malfunctioning helmet, and your injuries are consistent with reports of defective or malfunctioning helmets, we may have grounds for a legal claim against the manufacturer.

The Defendant’s Records and Test Results

When attempting to establish blame for a motorcycle accident, looking into the defendant’s records will be one of our top priorities. For instance, if we have concerns that the driver who hit you was drunk or under the influence of drugs, we may subpoena the court and request copies of their chemical blood alcohol concentration (BAC) test results. These results could help indicate whether the driver was intoxicated or impaired at the time of the accident.

We will also review their driving history to determine whether they have a history of similar unsafe driving practices. If this is the case, the driver may be responsible for far more than your compensatory damages. Under the General Laws of Rhode Island §10-7-7.1, punitive damages may also apply.

Video Footage and Photos From the Accident Scene 

When trying to determine fault for your motorcycle accident, few types of evidence are as valuable as video footage and photos from the accident scene. If we have footage from dash cams or traffic surveillance cameras, we may be able to clearly see who is responsible for causing the accident. If we play these tapes in court, the jury can clearly see how the defendant is liable for your damages.

The Burden of Proof in Motorcycle Accident Claims

Establishing blame is one of the most important elements of the motorcycle accident claims process. Your Rhode Island personal injury lawyer is responsible for proving liability based on a preponderance of the evidence as described in 09-340M FV Erin Renee v. Promet Marine Services Corp. This is a more complicated way of saying that the evidence presented must be clear and convincing of the defendant’s liability.

We already know the evidence needs to be compelling to identify blame. However, it is equally as important to present this evidence at trial or in negotiations with the insurance company. That way, the at-fault party can be held accountable to the full extent of the law.

Who Is at Fault in Most Motorcycle Accidents?

Negligent drivers are commonly named in motorcycle accident claims. If a driver is speeding, drunk, or operating the vehicle irresponsibly, they could share liability for the injuries you sustained. However, reckless drivers are not the only parties sued in motorcycle accident lawsuits.

Sometimes, defective parts cause accidents. Other times, hazardous road conditions can be a factor. If we discover that the driver who hit you was drunk, we may even have grounds for a legal claim against the dram shop that oversold or served them alcohol in violation of Rhode Island dram shop liability laws under Rhode Island Liquor Liability Act §3-14-5.

These are just a few examples of the top causes of motorcycle accidents and who could share liability. In some instances, multiple parties must share the responsibility for compensating you. Though this may make your motorcycle accident lawsuit more complex, with multiple parties sharing financial liability, you may have a greater chance of recovering the compensation you deserve.

Get in Touch with a Trial-Proven Motorcycle Accident Attorney Today 

When someone else is at fault for your motorcycle accident and your life has been permanently altered as a result of their negligence, they should be held accountable. Not only should you be fighting for the compensation you deserve, but you may be able to prevent future instances of driver negligence by taking action. Do not let the liable party get away with their reckless conduct.

With the support of a reputable Rhode Island motorcycle accident lawyer from Gemma Law, you can recover the just compensation that is rightfully yours. Our firm is standing by, ready to go up against the insurance company and present a powerful claim in your favor at trial. Complete our quick contact form or call our office to schedule your free, no-obligation consultation as soon as today.