A motorcycle accident case can be more complex than it may seem. Many people find themselves struggling after such an accident due to pain, limited ability to work, and financial loss from piles of medical bills. Yet, when you try to file a claim for compensation, you may be asked for documentation and evidence of what happened.
What can you do at that point to get the support you need? Here’s what you need to know about the evidence necessary in a motorcycle accident case.
How Can I Prove Someone Else Caused My Accident?
In most situations, your goal is to show that someone else caused your motorcycle accident. In situations where someone hit you as you sat still at a red light, that is a bit easier to do. However, many cases are more complex and require you to show that you did not do anything – or did not do much – to contribute to the incident.
The proof is often dependent on the evidence that is available at the scene and through others. Some of the evidence that may be available in your case includes the following.
In some situations, there may be witnesses that can attest to what occurred at the time of the accident. Other drivers or people who saw what happened can be one of the most important resources for you in proving your case. If these people were at the scene of the accident, you may have obtained their contact information. If not, the police may have it.
There are also numerous situations today where video can serve to help prove what occurred in your case. Cameras are often present, especially in businesses in busy areas.
If you were hurt in a residential area, some homes in that area may have cameras. It may be possible to reach out to these camera owners to find out if they have any data that could help you.
The police report from the motorcycle accident can also serve as a valuable tool for your claim. The police may be able to piece together what occurred based on what happened at the scene, the photos from the accident, and any statements available from either driver. Police reports often list faults, and that is a good thing if the other driver is at fault.
However, if you find that you are at fault in the accident, you shouldn’t simply stop pursuing your claim. Rather, work with your motorcycle attorney to determine the following:
- If you are not 51% to blame, the other party may still be liable for some of your losses under Tennessee comparative negligence laws. Under previous cases, the Supreme Court of Tennessee has ruled that you can pursue compensation if you are under 49% to blame for the losses.
- If you are listed at fault for the incident, but do not believe that to be accurate, you can work with your attorney to try to get it overturned. This will require more evidence and a wide range of legal actions, but you have the right to refute such claims.
The key here is to let your attorney help you. In many situations, it will take a lot of court experience and insight into the legal processes present to ensure you get the best possible outcome.
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When Is the Other Driver Responsible?
One of the things your attorney may help you to do is to show that the other driver was at fault because of their actions. Many factors could be used here, but here are some common examples that may apply in your case.
- They were speeding or driving recklessly which puts many people at risk on the roadways, and yet it happens often. It may be possible to prove the driver was speeding and, therefore, could not react fast enough.
- Impaired driving was evident. If the other driver was using alcohol or drugs or taking prescription or over-the-counter medications that impaired their ability to operate a vehicle safely, that could have contributed to your accident and your losses.
- Distracted driving is a very common cause. The term distracted driving can apply to many types of distraction, such as text messaging, talking on the phone, being in a heated argument with someone in the car, eating while driving, and even applying makeup (these are all instances that have occurred and they all put you at risk).
- Aggressive driving could be to blame. If the other driver was following you too closely, or there is evidence that they were trying to intimidate you in other ways, then this could have contributed to the incident and your losses.
- When the other driver makes comments that indicate they did not see you in their mirror or they didn’t see you as they turned the corner, that’s often negligence. It is their obligation as a driver to pay close attention to what’s occurring around them.
In each of these situations, it may be possible to prove the other driver is responsible for the losses you’ve incurred. Yet, that doesn’t mean the process will be simplistic in any way.
In nearly all situations, you can expect the insurance company for that driver to push back at you to try to find that you were at fault to lower their costs. Having an attorney by your side can help to minimize that risk.
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Call the Motorcycle Accident Attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC, Today
At Gatti, Keltner, Bienvenu & Montesi, PLC, we work closely with our motorcycle accident victims to help them obtain the compensation they are owed. Even if you’re unsure what your rights are or if you have evidence to back up your claims, we want to help you.
Set up a free consultation to discuss the evidence you need in your motorcycle accident case, and let us start the process of supporting your recovery. Call us now to learn more.