It’s a situation that bikers find themselves in all too often. Someone in a car or truck crashes into their motorcycle and leaves them injured. Even if the motorcyclist didn’t cause the wreck, that doesn’t mean the at-fault party will willingly admit guilt and cover the damages. The driver responsible and their insurance provider will likely try to blame the motorcyclist for the collision no matter what actually happened. If you find yourself in this position, you need an attorney to assist in gathering the necessary documents to prove you weren’t liable for the crash. Proving liability in a motorcycle accident | Missouri Motorcycle Accident Lawyer

Determining the Cause of Your Motorcycle Accident

In many cases, fault often lies with the driver who hit you. They engaged in some negligent behavior that caused the wreck. Proving the accident was caused by negligence and the other driver is liable for your damages are two primary duties of your legal counsel. When dealing with motorcycle crashes, the at-fault party may have specifically engaged in:

  • Aggressive driving
  • Distracted driving (talking on a cellphone, using the GPS system, etc.)
  • Driving while drunk or under the influence of drugs (including legal prescription drugs that cause drowsiness or interfere with driving ability)
  • Failing to yield
  • Reckless driving
  • Speeding
  • Swerving in and out of lanes without signaling
  • Tailgating

Motorcycle crashes can be made significantly worse by inclement weather conditions and if the driver of the car was speeding. Motorcyclists are likely to suffer serious injuries that require a lengthy work absence while recovering. That makes it even more crucial to prove you didn’t cause the accident.

How an Attorney Can Help Your Motorcycle Crash Case

In some motorcycle wrecks, there can be multiple liable parties and sources of potential compensation. That’s why you need an experienced attorney to look over all the evidence.

It’s possible the at-fault party is the manufacturer of a faulty motorcycle part or a repair shop that performed shoddy work. The liable party could also be an employer who failed to provide adequate employee training or someone else altogether.

A qualified motorcycle accident lawyer can thoroughly investigate the crash and protect evidence crucial to your case. For instance, your attorney may need to send a demand letter to a trucking company to preserve critical documents if you were hit by a cargo truck.

During the course of the investigation, your legal counsel can gather and present all of the available evidence to help prove liability. This can include:

  • Accident scene photos
  • Medical records
  • Reports from law enforcement who arrived on the scene of the accident
  • Statements from eyewitnesses who saw the motorcycle wreck, as well as statements made by the other driver at the scene
  • Vehicle maintenance and service documents
  • Video from dash cams, nearby businesses, traffic cameras, etc.

After visiting a doctor for a full checkup, the most important step following a motorcycle crash is to call an attorney. To protect your legal rights, you need to know exactly who is responsible for your injury and then have your attorney place an overall value on your damages.

From there, a skilled lawyer can negotiate any potential settlement or file a lawsuit against the negligent party responsible for all your damages. With an attorney’s help, you can potentially recover costs such as lost wages and other work benefits, medical bills, and non-economic damages such as emotional suffering.

Have You Been Injured in a Missouri Motorcycle Accident?

If you've been injured in a Missouri motorcycle accident, you should speak with an experienced motorcycle accident lawyer as soon as possible. Please feel free to contact us online or call our office directly at 314.200.1229 to schedule a free consultation. We help car accident victims throughout the state of Missouri including in Columbia, Springfield, Kansas City, St. Louis, Kirksville, and Cape Girardeau.

 

Paul Beck
Helping car accident victims and personal injury clients throughout the state of Missouri .