Proving Fault in a Motorcycle Accident
If you get injured in a motorcycle accident, you may be faced with expensive and painful injuries in addition to property damage and other losses. Proving that someone else is at fault for your motorcycle accident can make you eligible for financial compensation from that party’s insurance provider, which can help you move forward. If you need help proving your case, contact a motorcycle accident attorney in Los Angeles.
Common Causes of Motorcycle Accidents
Proving fault begins with determining the cause of the motorcycle accident to understand who or what is behind the crash. Common motorcycle accident causes include:
- Driver error
- Speeding
- Making dangerous left-hand turns
- Failing to yield the right-of-way
- Distracted driving
- Following motorcyclists too closely
- Driving under the influence
- Failing to check blind spots
- Making unsafe lane changes
- Reckless or aggressive driving
- Dangerous road or weather conditions
- Motorcycle part defects
Fault for a motorcycle accident is typically determined with an investigation that looks into which vehicle operator violated a traffic law in the moments leading up to the collision. An investigation can also explore the possibility of other causes not relating to driver error, such as road hazards.
Burden of Proof in a Motorcycle Accident Claim in California
When you file an automobile insurance claim or personal injury lawsuit against an individual for causing your motorcycle crash, you bear the burden of proof as the plaintiff or filing party. This means it is your responsibility to prove the claim you are making if you wish to recover financial compensation.
The burden of proof in a motor vehicle accident case is a “preponderance of the evidence.” This means that your claim is more likely to be true than not true, or true with at least a 51 percent probability. While this is less than the burden of proof in a criminal case (“proof beyond a reasonable doubt”), it still takes clear and convincing evidence.
What Are the Elements of Negligence?
Proving fault generally means proving negligence. Negligence is the basis of most personal injury and auto accident cases in California. It refers to someone failing to act with a reasonable or appropriate level of care. Proving negligence during a motorcycle accident case requires evidence of four elements:
- Duty of care
- Breach of duty
- Causation
- Damages
It must be shown using evidence that the accused party (defendant) owed the victim a duty not to cause harm, failed to meet this duty through a careless or reckless act, caused the motorcycle accident, and gave the victim compensable losses, such as physical injuries and hospital bills.
Types of Evidence to Collect
If you get involved in a motorcycle accident, you can build a stronger claim by gathering evidence in the aftermath of the crash. Report the accident to the police right away and request a copy of the police report. Take photographs of the crash scene and look around for any video footage. Write down the names of eyewitnesses. Go to a hospital immediately for any injuries and keep copies of your medical records.
How a Motorcycle Accident Lawyer Can Help
Proving fault for a motorcycle accident can be difficult, especially if the other party is denying liability. Hire an experienced motorcycle accident attorney for access to important resources that can help you prove your case, such as connections to accident reconstruction experts.
A specialized personal injury lawyer in Los Angeles can thoroughly investigate your crash to search for evidence of fault. If you were recently injured in a motorcycle accident, contact Rose, Klein & Marias, LLP to schedule a free consultation with a lawyer for personalized advice about how to prove your claim.