Motorcycle accidents where the driver walks away without injury can be devastating for a rider. Without the protection of airbags and steel roll cages, a sudden collision can severely injure a motorcyclist and cause months of expensive and painful recovery. In order to hold the driver accountable for his losses, a motorcyclist will have to provide concrete proof of the driver’s negligence.
Your Attorney Can Connect a Driver’s Behavior to the Motorcycle Crash
In addition to collecting and preserving physical evidence after a motorcycle crash, you can help your crash case by detailing the other driver’s actions to your attorney. As you recover from your injuries, your legal team can examine statements made by the driver and witnesses, as well as look for other ways to prove that the driver was at fault.
For instance, an attorney can gather evidence against a driver who was:
- Speeding. Speeding is illegal because it reduces a driver’s reaction times and lengthens the stopping distance needed to safely avoid a collision. Traveling at high speeds also makes it harder to keep control of a vehicle and can be the reason a driver veers into another lane. It is worth checking speed cameras or notations in the police report for evidence that the driver was speeding.
- Drunk or impaired. A driver who operates a vehicle while under the influence of drugs or alcohol may not only be liable for civil damages, but he or she can be charged with criminal activity as well. Your attorney can investigate any illegal activity on the part of the driver, including a history of drunk driving or blood alcohol measurements taken at the scene.
- Driving aggressively. If a driver ran you off the road, was honking at you, or was following you too closely before the accident, there is a good chance that other drivers on the scene noticed this behavior. Witness statements can be taken to confirm that an aggressive driver was disregarding traffic laws, while surveillance cameras may have caught the driver’s actions on video.
- Driving while distracted. Drivers may be distracted by cellphones, radios, GPS devices, food and drinks, or just by talking to someone else in the vehicle. Depending on the type of distraction, an attorney can request cellphone records, passenger testimony, and witness accounts of the driver’s actions immediately before the crash.
- Negligent. Many drivers fully admit their mistakes at the scene of the crash, but are suddenly quiet when it comes to paying for the costs of the accident. What the driver said at the scene can be used in your case, such as the driver claiming he “didn’t see you,” “wasn’t paying attention,” or even that it was “not your fault.” What many drivers don’t realize is that a failure to “see” a motorcyclist is not a valid defense in an accident case, since drivers should be on the lookout for all types of vehicles.
Several Parties May Share Fault for a Motorcycle Crash
It is worth noting that it is not just the driver who can be liable for an accident. Your attorney should investigate all possible causes, including the condition of your bike, condition of your safety gear, and even the road you were traveling on to see if any other party made your injuries worse.
For example, if your helmet is cracked and you suffered a significant head injury, you could have a claim against the manufacturer. If your bike was recently repaired, the parts used or the mechanic’s work can be called into question. Finally, the location of the accident should be inspected for any potholes, debris, maintenance problems, missing guardrails, uneven grading, or other features that could have played a part in the crash.
If you were partially to blame for the crash, you can still recover compensation for your injuries. Tennessee’s modified comparative negligence system allows bikers to be up to 50% liable for their own injuries in an accident case, although the damages they receive are reduced by the percentage of fault. Our motorcycle accident attorneys can investigate the details of your accident and get you the maximum compensation you are owed under the law. Fill out our online contact form today to learn more, or request a free copy of our book, The 10 Worst Mistakes You Can Make With Your Tennessee Injury Case.