Shaaban & Biedgoly

Motorcycle accidents can cause serious injuries and financial stress for riders. If you’ve been in a motorcycle accident, one of the most important steps in seeking compensation for your injuries is proving who was at fault. Fault plays a crucial role in determining who is responsible for covering medical bills, lost wages, and other damages. This process can be complicated, which is why working with a Folsom motorcycle attorney at can make a huge difference in your case.

In this article, we will walk you through the key steps involved in proving fault after a motorcycle accident, the types of evidence needed, and how a personal injury attorney can help.

1. Understanding Fault in Motorcycle Accidents

Fault in a motorcycle accident is determined by who caused the crash. In many cases, it’s not always obvious who is at fault, which is why it’s important to gather evidence. Sometimes, the other driver may claim they weren’t responsible, or there could be multiple factors that led to the crash, like road conditions or a mechanical issue.

In personal injury cases, the goal is to show that the other party was negligent. Negligence means that the person didn’t act with the level of care expected of them. For example, if a driver wasn’t paying attention and hit a motorcyclist, they could be considered negligent.

2. Gathering Evidence at the Scene

One of the most critical things you can do after a motorcycle accident is to gather evidence. The more evidence you have, the stronger your case will be when it comes to proving fault. Here are a few key types of evidence you should collect:

• Photos and videos: Take pictures of the accident scene, including any damage to the vehicles, skid marks, and road conditions. If there are traffic lights or signs nearby, document those as well. Videos from witnesses or dash cams can also be helpful.
• Witness statements: If anyone saw the accident happen, try to get their contact information and ask if they are willing to provide a statement. Witnesses can be critical in proving who was at fault.
• Police reports: When the police arrive, they will create an accident report. This report often includes their opinion on who caused the crash, which can be important evidence in your case.

If you are too injured to collect this evidence yourself, your Folsom motorcycle accident attorney can help by visiting the scene and collecting the necessary information for you.

3. Determining Liability

Once the evidence is collected, it’s important to determine who is liable for the accident. Liability means legal responsibility for the accident and any resulting injuries or damages.

There are a few common situations where another driver may be found liable in a motorcycle accident:

• Failure to yield: If a car doesn’t yield the right of way to a motorcycle at an intersection, they could be found at fault.
• Speeding: Drivers who are speeding are less able to react to motorcycles, which can cause serious accidents.
• Distracted driving: If a driver was texting, eating, or otherwise distracted, they may not have seen the motorcyclist in time to avoid a collision.
• Tailgating: Drivers who follow too closely are more likely to hit a motorcycle when traffic slows down.

In some cases, liability can be shared. For example, if both the motorcyclist and the car driver were speeding, both could be found partially at fault. In this situation, your Folsom personal injury attorney can help explain how shared fault affects your claim.

4. Proving Negligence

Proving negligence is one of the most important parts of winning a personal injury claim. To do this, you need to show four main things:

• Duty of care: You must show that the other driver had a legal responsibility to act in a way that didn’t harm others. For example, all drivers have a duty to follow traffic laws and drive safely.
• Breach of duty: You need to prove that the other driver did something (or failed to do something) that breached their duty of care. This could be running a red light or not checking their blind spot.
• Causation: You must show that the breach of duty directly caused your injuries. If the driver’s actions led to the accident, this would be causation.
• Damages: Finally, you need to show that you suffered damages as a result of the accident. This can include medical bills, lost wages, and pain and suffering.

Your motorcycle accident attorney at Shaaban & Biedgoly can help you gather the necessary evidence to prove negligence and build a strong case for compensation.

5. The Role of Expert Testimony

In some cases, expert witnesses can be valuable in proving fault in a motorcycle accident. For example, an accident reconstruction expert can analyze the scene and recreate how the accident likely happened. Medical experts can also testify about the extent of your injuries and how they were caused by the accident.

Your Folsom motorcycle attorney will know when to bring in expert witnesses to strengthen your case.

6. Dealing with Insurance Companies

After a motorcycle accident, you will likely have to deal with insurance companies. It’s important to remember that the insurance company’s goal is to pay out as little as possible, even if you are clearly not at fault.

Insurance adjusters may try to get you to accept a quick settlement that is much lower than what you deserve. This is why it’s so important to have a personal injury attorney on your side. An attorney will negotiate with the insurance company to ensure that you receive fair compensation for your injuries and damages.

7. Why You Need a Motorcycle Accident Attorney

Proving fault in a motorcycle accident can be complex, especially if there are multiple factors involved. Having a skilled motorcycle accident attorney by your side can make a significant difference in the outcome of your case. An attorney can:

• Collect and organize evidence to support your claim.
• Negotiate with insurance companies to ensure you get a fair settlement.
• Represent you in court if your case goes to trial.
• Provide expert legal advice every step of the way.

If you’ve been involved in a motorcycle accident , contact your Folsom motorcycle attorney at Shaaban & Biedgoly for your free consultation.