How Do You Prove Liability for a Motorcycle Accident?

If you were seriously hurt in a motorcycle accident, you may be entitled to compensation for the resulting damages. As long as you weren’t to blame for the wreck, you should have grounds for a personal injury claim. In order to recover a payout, though, you’ll have to present sufficient evidence of liability.

Naturally, the strongest evidence of fault will depend on the circumstances surrounding the crash. Generally speaking, though, it will likely include some combination of the following:

1. Photographs of the Scene

Accident reconstruction experts may be able to determine what happened in the moments leading up to the collision by reviewing photographs of the wreckage. If you happened to take pictures before leaving the scene, give them to your legal team for safekeeping. 

2. The Official Police Report

Officers who responded to the scene should have drafted an official report that includes their initial impressions of all those who were involved in the accident. While their statements won’t eliminate the need to conduct a comprehensive investigation, it could provide a starting point for proving liability. For example, if they suspected the motorist who struck you was drunk, drowsy, or distracted, they should have included as much in their report. 

3. Dash Cam Footage

Advancements in technology have made dash cameras incredibly affordable. As such, many vehicles are now outfitted with one. That means even if you don’t have a helmet cam, there’s still a good chance the incident was captured on film by a vehicle in the vicinity. If the accident occurred in a fairly well-developed area, it may have also been captured by surveillance cameras overlooking the scene. 

4. Eyewitness Deposition

Statements from those who saw the accident will not serve as irrefutable evidence of liability; however, they could corroborate your own telling of events. If you obtained the names and phone numbers of any motorists, passengers, or pedestrians who witnessed the crash, give them to your personal injury attorney. If you were unable to gather contact information, you may be able to find it in the official police report.  

5. Toxicology Reports

If the motorist who struck you was under the influence of drugs or alcohol at the time, the results of any chemical tests conducted at the scene or shortly thereafter should prove as much. While police are not required to test all those involved in a wreck, they will likely do so if they suspect impairment played a role.

6. Cell Phone Records

If the at-fault party had been texting and driving, his or her cell phone records will help you prove liability. Since the carrier is unlikely to release them without legal pressure, though, your lawyer will probably have to file a subpoena. 

Discuss Your Case with a Motorcycle Accident Attorney in Stuart

If you’re recovering from serious injuries that you sustained in a motorcycle accident, contact Donaldson & Weston. With the resources of a large firm and the personalized service of a small practice, we’re committed to helping clients recover the compensation they deserve. Call 772-266-5555 or use our Online Contact Form to set up a free consultation with a motorcycle accident lawyer.