How Can I Prove the Other Driver Was At Fault After a Motorcycle Accident?

While motorcycle riders often get a bad rep when it comes to accidents on the road, it is most often the drivers of automobiles who are most to blame for collisions when they occur. A series of reports gathered during a study by the National Highway Safety Administration (NHTSA) found that in accidents occurring between motorcyclists and cars, the motorcyclist was either not at fault or less at fault than the other driver 80 percent of the time.

So how do you make sure that you are able to prove the other driver bears the responsibility for an accident should one occur?

  1. Get a Copy of the Police Report.

The best evidence you’ll have will be the police report. Usually very detailed and with a clear perspective, these reports know what to point out and often delineate fault for the accident within the text. This is a great document to bolster your case for why the car was at fault for your motorcycle accident.

  1. Record Statements from the Other Driver.

“I didn’t see you there!” or “I thought you were farther away!” are not excuses for causing an accident. Rather they can be seen as admission of guilt in many cases. On the other hand, anger on the part of the other driver could warn you that they will not be admitting to fault. Write down anything that they say for later review.

  1. Get Witness Statements.

If you are at all able to, ask witnesses for their information, and if they would be willing to share what they saw with your legal team. Perhaps they saw the accident itself, and can provide additional perspective on the events. Or maybe they were present during a discussion with the other driver, and can corroborate that interaction.

  1. Photograph the Scene.

Pictures of an incident scene often are worth several thousand words, as they can give a very clear picture of what happened. Snap shots of your bike, the vehicle, the street (up and down) and feel free to diagram what happened for greater clarity. This should include descriptions of road conditions, images of any skid marks, and the presence of any other cars.

Too often, drivers of automobiles fail to look out for the others on the road. From pedestrians to motorcycles, every driver owes everyone else the same duty of care: to follow the rules of the road. If you are in a motorcycle accident that was caused by an automobile, you deserve justice for your injuries and damages.

Simon Law Group is headed by an experienced motorcycle rider, whose unique perspective makes him the ideal match to represent your motorcycle accident case. Schedule a free consultation today.