One of the unfortunate realities of motorcycle accident cases is that injured riders are often blamed for crashes they did not cause.
Insurance companies and at-fault drivers may claim that the motorcycle "came out of nowhere," was traveling too fast, or was following too closely to avoid the collision.
Many riders have heard some version of the same statement after a crash:
"I never even saw the motorcycle."
Unfortunately, that may be exactly what happened.
Most motorcycle accidents occur because a driver fails to properly see a motorcycle before changing lanes, making a left turn, pulling into traffic, or merging onto a roadway.
How Is Fault Proven in a Motorcycle Accident Case?
Like any personal injury claim, proving fault starts with gathering evidence.
The sooner that process begins, the better.
Physical evidence disappears quickly after an accident. Skid marks fade, surveillance footage may be overwritten, and witnesses become more difficult to locate as time passes.
Depending on the circumstances, an investigation may involve reviewing:
In serious motorcycle accident cases, accident reconstruction experts are often retained to analyze the evidence and determine how the collision occurred.
Motorcycle Accidents Are Often Visibility Cases
Many motorcycle collisions involve a driver who claims they simply did not see the rider.
That frequently occurs in accidents involving:
An accident reconstruction expert can often analyze speeds, distances, sight lines, impact locations, and vehicle positions to determine whether the driver should have seen the motorcycle and had sufficient time to avoid the collision.
Time Matters
One thing is certain after any motorcycle accident:
Time matters.
Surveillance footage may only be preserved for a matter of days. Witness memories fade quickly, and damaged vehicles are often repaired or sold before they can be inspected.
The sooner an investigation begins, the greater the opportunity to preserve evidence that may ultimately determine the outcome of the case.
Have You Been Injured in a Motorcycle Accident?
If you have been injured in a motorcycle accident and have questions about your rights or the insurance claims process, we would be happy to answer your questions during a free consultation.
Call our office at 985-590-6182 to learn more.
We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.
When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
