If you get into a motorcycle accident, knowing the legal means of settling the dispute is important. For an insurance company to pay for your medical bills or anything else that might be owed, they must determine fault in the accident. The attorney will also be able to determine fault with the information he gets from you in your initial statement.
This article will discuss eight ways an attorney can determine fault in a motorcycle accident.
Causation is the number one method of determining fault in a motorcycle accident scenario. The mere fact determines causation that you were involved in a motorcycle accident. There are several common causes of motorcycle accidents. This is shown by: if you were driving responsibly, at or below the speed limit, wearing a helmet, and obeying all stop signs and traffic lights, you might not be at fault for the collision.
2. Anatomy of a Fault
Your previous driving history will be examined to determine fault in a motorcycle accident. The more reckless you are as a rider, the higher your chances of being at fault for the accident. This is regardless of whether or not you were wearing a helmet.
3. The Behavior of the Other Party
If a vehicle is seen changing lanes or making a reckless maneuver during the time leading up to a crash, this will be used to determine fault. If another driver is reckless, it does not matter whether or not you were also driving recklessly. This means that even if you were driving recklessly and trying to avoid being hit by another vehicle, you would still be at fault for colliding with that vehicle.
4. Age of the Parties
If both parties involved were under the age of 18, then they would be considered minors. A minor, in this instance, means that a parent or guardian is not responsible for their actions. If one of the parties involved was over the age of 18, then maybe a parent could be held liable for damages.
5. Preventability of the Accident
One way to determine fault in a motorcycle accident is by assessing the preventability of the accident. For an accident to be considered preventable, both parties must have been operating their vehicles in a reasonable manner. Both parties must also have been operating their vehicles within the speed limit.
6. Comparative Negligence
Comparative negligence is a way to determine fault in a motorcycle accident. This is how it works: if you are found to be 51% or more at fault, you will not be entitled to compensation for your medical bills or any other damages.
7. Implied Consent
In some states, if you do not file an accident report, you may be considered to have implied consent. This means that if you do not file an accident report, it is assumed that you are trying to hide the fact that you were driving recklessly or doing something else violating a traffic law.
8. Surveillance Video
Surveillance video has proven an excellent way to determine fault in a motorcycle accident. This might not be important if you were wearing a helmet or not at the time of the crash. Then this evidence can help your attorney prove that you were at fault for the accident.
In conclusion, it is important to maintain a healthy relationship between you and your attorney. Do not withhold any information about previous accidents or citations you have received. Your attorney needs all the information he can get to give you a fair assessment of the accident.