How to Prove Fault in a Motorcycle Accident Case

Unfortunately, many motorists, insurers, traffic officers, and jurors are biased against motorcyclists because they consider them risk-takers and reckless. This can make it difficult for motorcycle accident victims to prove another person is at fault.

Proving liability in a motorbike accident lawsuit often hinges on collecting and presenting evidence to support your claim. The success of your case depends on the quality of evidence you present to prove the other party was responsible.

Having a qualified and experienced motorcycle accident lawyer on your side is important. Your attorney will answer questions about the legal process and assist in gathering enough evidence to support your claim.

Once you identify a good lawyer, ask them as many questions about the accident and legal process as you want. Start by asking if you have a strong case, and how much you can sue for a motorcycle accident!

Steps to Prove Fault in a Motorcycle Accident Lawsuit

Your lawyer knows what evidence to collect and the witness statements to include in your claim to prove liability. They’ll also guide you through the negotiations with the other party. If the case goes to trial, your attorney will present your case in court with strong arguments. 

Document the Scene

Take photos and videos of the scene immediately after the accident occurs, if you can. Make sure they’re clear and capture the important details of the scene, especially the position of your motorbike in relation to the other vehicle involved in the accident.

Show the road condition, traffic signs, traffic lights, skid marks, damages to your motorbike and other vehicles, and your injuries.

Collect Witness Statements

Talk to witnesses at the accident and get their contact information if possible. You should record their accounts of what transpired. You’ll need this information to file your case and prove liability; you might also need to present them as witnesses if the case goes to trial.

Get a Copy of the Police Report

Ensure you have a copy of the police report, which should contain vital details and a preliminary assessment of who is at fault. This document will be an essential piece of evidence.

Organize Medical Records

In addition to documenting your visible injuries, get a thorough medical assessment to determine their severity and the appropriate medical attention needed. Medical records will help you establish the extent of your injuries and the overall effect the accident had on your life.

Retain Accident Reconstruction Specialists

Sometimes, it’s impossible to take meaningful photos and videos of the accident scene. In that case, you may need accident reconstruction experts to help recreate the scene and determine what happened.

Gather Vehicle Maintenance and Phone Records

Your attorney should compel the other party involved in the accident to hand over their maintenance records to see if their vehicle was in proper working condition at the time of the accident. They should also provide you with the driver’s phone records to determine if they were using their phone immediately before the accident.

In Conclusion

Proving fault in a motorcycle accident case will depend on the evidence gathered. It also depends on the kind of lawyer you choose to work with.

A motorcycle accident attorney from Gage Mathers will understand the applicable laws in Arizona. We have proven our skills at settling and trying cases with the $275 million collected in compensation so far for our clients. Let us help you with your motorcycle accident case!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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