After experiencing a severe motorcycle accident, you might be wondering who is at fault and how to determine negligence. In most states, there are rules and guidelines for determining who is at fault and how to establish negligence. Lawyers working for both parties will examine the evidence to argue who was negligent and how to move forward with the proceedings.
One piece of evidence used to determine who is negligent in motorcycle accidents is by studying the police report. When the police come to the scene of the accident, they will talk to those involved and they will ask for witnesses. In most cases, they will also take photos and determine who was at fault.
Most police reports do not entirely establish who was entirely at fault, though. More investigation will need to be done. The police report is just one piece of evidence in the investigation of negligence.
Another common practice for lawyers and the court to determine fault is by talking to witnesses. All of these statements are included in the police report. The name and contact information of the witnesses should also be included.
If the accident happened at a busy intersection or around businesses that have security cameras, the footage will need to be viewed. Security cameras are some of the best ways to determine negligence because you get to watch exactly what happened.
However, security cameras are not always available. If there are none where you had your accident, you will need to find other ways to determine negligence.
Insurance adjusters almost always make their own assessment instead of just going by the police report, witnesses, and your lawyer's opinion. They will want to do their own investigation and are typically biased as employees of the insurer who will lose money when required to pay out compensation. For this reason, you should always take your own photos when you are in an accident.
Make sure it is clear in the photos what happened and who was at fault.
Although this doesn’t always happen, getting an admission of guilt is the easiest way to prove negligence. Sometimes the other person will admit they caused the accident and will make it known that they acted negligently.
If there is no admission though and the evidence is scarce, you need a lawyer's expertise to better establish negligence and to protect yourself from being blamed for the accident.
When you’re hurt and unable to work or pay your bills after a serious motorcycle accident you need help you can count on to make a full recovery. A West Palm Beach motorcycle accident lawyer from Pazner Law will be your greatest asset in your pursuit for compensation. You can visit our website and fill in the contact form or schedule your free case review by calling 561-659-6366.
