How Do You Determine Who is at Fault After a Motorcycle Accident


With its beautiful weather and scenic routes, Florida is a haven for motorcycle enthusiasts. However, it also ranks among the states with the highest rates of motorcycle collisions. Navigating the aftermath of a motorcycle accident can be daunting, especially when trying to prove liability. The biases against motorcyclists often make this task even more challenging, but it's not an insurmountable hurdle. You can successfully prove liability with the right legal assistance from an experienced motorcycle attorney serving clients in Florida.

The First Difficulty: Determining Liability After a Motorcycle Accident

Another difficulty injured motorcyclists face is identifying who caused the accident. For a personal injury claim to move forward after a motorcycle crash, identifying who is at fault is critical. The one at fault could be the other driver involved in the accident, the manufacturer of your motorcycle, or even the entity responsible for maintaining the roads. After determining who is at fault, your claim won’t be able to progress unless you can prove negligence. To do so, you will need to establish that the liable party owed you a duty of care, which they breached, leading directly to your injuries and subsequent damages.

The Next Difficulty: Gathering Evidence to Support Your Motorcycle Accident Claim

Proving liability requires a strong foundation of evidence that convincingly demonstrates the negligence or misconduct of the liable party.

Here are some key pieces of evidence that can strengthen your case:

  • Police Reports: Always call the police immediately after an accident. Their report provides crucial details about the conditions at the time of the collision, including traffic and weather situations, vehicles' speeds, roadway debris, and any lawbreaking activities that contributed to the crash.
  • Eyewitness Statements: Neutral third-party accounts can significantly bolster your case. If there were any eyewitnesses to the accident, collect their contact information and request their statements while the incident is still fresh in their minds.
  • Photos and Videos: Visual evidence of the damage caused by the accident helps to paint a clear picture of the event. This includes photos of the accident scene, damage to your motorcycle, and any surveillance footage available.
  • Medical Records: Your medical records prove your injuries and subsequent medical expenses. Ensure you seek medical treatment promptly after the accident.

Proving liability in a motorcycle accident is daunting, but with the right compilation of evidence, it is possible.

What to Do After a Motorcycle Accident: Finding the Right Attorney

If you've recently been involved in a motorcycle accident, you're likely facing a myriad of concerns and questions. One of the most crucial steps you'll need to take is to find a qualified attorney who can help you navigate the legal complexities of your situation. Here are some important pieces of advice to consider when searching for the right lawyer to represent you in the aftermath of a motorcycle accident:

  1. Secure the Scene and Be Clear in Your Description: The moments immediately following a motorcycle accident can be chaotic and confusing. It's essential to ensure that the incident is properly documented. First and foremost, make sure the police come to the scene to conduct an investigation. Their findings will provide valuable evidence for your case. When speaking with law enforcement, be as clear and accurate as possible when describing how the accident happened. Your statements at this stage can play a pivotal role in establishing liability.
  2. Seek Immediate Medical Attention: Your health and well-being should be your top priority after a motorcycle accident. Seek medical attention as soon as possible, even if your injuries appear minor. Some injuries may not manifest symptoms right away, and early medical intervention can not only protect your health but also serve as important documentation of your injuries for legal purposes.
  3. The Role of an Experienced Attorney: An experienced attorney can be your most valuable ally during the aftermath of a motorcycle accident. They can help you bring a successful case against the person responsible for the accident, seeking compensation for your injuries and out-of-pocket expenses like medical bills and lost wages. Their knowledge and expertise can make a significant difference in the outcome of your case.
  4. Thorough Investigation and Insurance Claims: One of the primary tasks of your attorney is to conduct a thorough investigation to determine who caused the accident and identify all applicable insurance policies that can be used to make a claim. This process is critical for ensuring that you receive the maximum settlement or verdict possible. An attorney's expertise in navigating insurance complexities can be invaluable.
  5. Timing Matters: It's best to hire an attorney as soon as possible after the accident. Time is of the essence in preserving crucial evidence, interviewing potential witnesses, and managing communication with insurance companies. Having an attorney speak to the insurance company on your behalf can prevent them from obtaining statements from you that could potentially compromise your case.

Finding the right attorney after a motorcycle accident is a vital step in protecting your rights and ensuring you receive the compensation you deserve. With their guidance, you can navigate the legal process, gather essential evidence, and focus on your recovery, while they work diligently to secure a favorable outcome for your case.

How a Seasoned Motorcycle Accident Attorney Can Make a Difference

If you are overwhelmed by the challenge of pursuing a motorcycle accident case alone, the team at Pittman Law Firm can help. A seasoned personal injury attorney will gather medical and police records, interview witnesses, analyze surveillance footage, and even access phone or maintenance records if necessary. Our attorneys are dedicated to helping clients injured in motorcycle crashes secure fair compensation for their injuries, pain, and suffering.

Call today at (239) 603-6913 to schedule a consultation with our team or reach out online right now.

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