Accidents involving motorcycles and automobiles can be especially catastrophic due to the fact that motorcyclists are more vulnerable as they lack the protection a large vehicle offers. If you are a motorcyclist who has been injured in an accident due to a driver’s negligence, it’s important to know how to prove this to recover compensation for your injuries.
What Does “Negligence” Mean?
When it comes to motorcycle accident claims, negligence refers to a breach of duty of care. Drivers have a duty of care to drive safely, follow traffic laws, and avoid risky behavior. Failing to behave with a reasonable level of care is considered negligent.
Some examples of driver negligence that cause motorcycle accidents include:
- Impaired driving
- Using a phone while driving
- Making left turns without checking for other vehicles
- Not checking blind spots when changing lanes
- Failing to adjust to poor weather conditions or other road conditions
Steps Of Building A Claim To Prove Negligence
As a motorcyclist, there are multiple steps you should take after an accident to prove that the driver was negligent.
1. Seek Medical Attention
Whether you’ve suffered minor or serious injuries, you should seek medical attention as soon as possible. Seeking medical care creates a record of your injuries, and this documentation of your injuries can help establish the nature and severity of the accident.
2. Report The Accident To The Police
If you have been seriously injured, it may be difficult to report to the police immediately following the accident. However, in the case of any accident, the police should be contacted to file a report. You should give a statement to the police as getting your account of the accident on record as soon as possible is important. The police report can help build your claim.
3. Take Pictures Of The Scene Of The Accident
This is pretty straightforward and one of the most important steps to take. Pictures of the scene of the accident are vital to any accident claim. Make sure to take pictures of:
- The damage to your motorcycle
- Damage to other vehicles
- Your injures
- The roadway (including damage and debris)
- Traffic in the area of the accident
- Weather conditions
Pictures are an important part in proving negligence of any motorcycle accident claim.
4. Talk To Witnesses
Witnesses also play a crucial role in proving a driver was negligent. Talk to anyone in the area about what they saw and make sure to get their contact information. Interviewing witnesses as soon as possible is essential because you want to make sure to get their account while the memory is still fresh in their mind.
5. Hire An Attorney
Hiring an experienced accident attorney, like those at the Law Offices of James A. Welcome, is probably one of the best steps you can take. An attorney can extensively investigate your case to gather all the necessary evidence to prove liability and negligence. It’s also important that you contact an attorney before accepting a settlement or completing the insurance claims process.
As a motorcyclist, being in an accident can be devastating. Your chances of suffering serious injuries are greater than those who operate a car or truck. Proving driver negligence after a motorcycle accident is vital to getting the compensation and justice you deserve for your injuries.