How to Prove Fault After a Motorcycle Accident Case?
Even though most motorcyclists are very cautious when on road, they are generally not compensated fairly in accident cases that are not their fault. Riders are often viewed as thrill-seekers and inherently reckless. As a result, many insurance companies are very reluctant to compensate them even if the other driver caused the crash.
As a motorcyclist, you’re required to have motorcycle liability insurance coverage to cover you financially in case you’re sued and found legally liable for the accident and injuries.
No-fault insurance is available for motorcycle accidents; however, you should work with an experienced motorcycle accident lawyer Halifax to help you file a tort claim against the careless driver and get the benefits you deserve.
Why Do You Need to Prove Fault?
The advantage of a no-fault insurance claim is that riders don’t have to prove that the driver of the other vehicle was at fault for their first-party. They’ll get the benefits regardless of who caused the accident.
Below are avenues to compensation after a motorcycle accident:
- A first-party claim: For no-fault accident benefits through no-fault coverage
- A third-party claim: For compensation where the other driver is legally liable for the accident
How to Prove Fault After a Motorcycle Accident
No-fault insurance adjusters consider motorcyclists as characteristically reckless and always flouting traffic laws. As a result, they are always reluctant and biased in their treatment and use this assumption to deny or undercut riders’ claim against the negligent party. To support your claim, you must be able to provide testimony and evidence.
Here are some of the proven steps to determine fault in a motorcycle accident:
1. Investigate the Accident Scene
Among the key details in an accident scene are crash sites, they help determine what happened before and after a crash. Others may include:
- Timing & positioning of traffic lights during the accident
- Placement of road signs
- The intersection or layout of the road
- Physical damage on road surface or pavement
- Barriers, debris, skid marks & other signs of accident
2. Examine the Vehicles Involved
Vehicles involved in a crash should be assessed before and after leaving the accident scene. Below are some of the things to consider during the investigation:
- Location of the damage
- Vehicle defects as a result of the accident
- Nature & extent of the damage for both motorcycle and other parties involved
3. Interview the Witnesses
Eyewitnesses help establish who is at fault, especially when both motorists deny the blame. You can talk to people who saw the crash if you’re in a position to do so. However, their testimony may support or contradict your claim. Our motorcycle accident lawyer in Halifax will find witnesses, interview them, and compare the credibility of their statements- to prepare a strong case.
4. Investigate the Driver’s Actions
To file a successful motorcycle accident tort claim, you have to prove that the other driver was at fault to receive compensation for your injuries. Below are some signs of negligence before the accident:
- Speeding
- Erratic driving
- Honking or tailgating
- Drifting into other lanes
- Disobeying road signs
- Disobeying traffic lights & signals
- Recklessly overtaking other vehicles
5. Determine the Involvement of Other Parties
Sometimes a motorcycle accident can occur due to the negligence of different parties other than those at the accident scene, for example, where the accident occurs due to an automotive defect. In this case, several different parties may be liable for the accident. This is possible if a thorough investigation is carried out and all facts of the case are taken into account.
Contact our Accident Lawyer Halifax Today
If you want to receive fair compensation for pain, suffering, or other damages not covered by your no-fault insurance benefits, you need to start working with our accident lawyer Halifax to help you file a tort claim against the party that is legally liable for the accident.