How Is Fault Proven in a Motorcycle Accident?

February 15, 2023

If you own a motorcycle, chances are you ride carefully to avoid injuries. Unfortunately, other motorists can be careless, and their negligence can cause severe motorcycle accidents.

When another driver injures you, you’ll need to file a claim to hold them accountable. Proving fault in an accident is critical, as this can establish who is responsible for causing damages and losses.

Learn how liability and fault can affect your claim if you’ve been injured while riding your motorcycle.

Establishing Liability

Because Washington and Oregon are at-fault states, you can pursue a claim directly with the party who injured you. Before you begin, you’ll need to engage in due diligence to ensure you have enough evidence to prove fault.

Additionally, both states adhere to a concept known as comparative fault, meaning that more than one party can share responsibility for a crash — including yourself. Under this structure, courts assign percentages to quantify each party’s fault.

Proving Driver’s Fault

In Washington and Oregon, fault is proven by establishing that an element of negligence was present at the time of the accident.

Some of the most common ways to prove fault include showing evidence of:

  • Excess speed
  • Moving violations
  • Distracted driving
  • Driver fatigue
  • Inexperienced driving
  • DUI/DWI

Even a minor motorcycle crash can cause serious bodily injury. You have the right to pursue a claim and hold the negligent party responsible.

Proving Motorcycle Defects

Sadly, some motorcycle accidents happen due to defective components. It’s not uncommon for brakes, lights, wheels, and other mechanical parts to fail.

Your attorney may need to engage in thorough research to determine fault due to defects. Common parties to blame are often:

  • Motorcycle manufacturers
  • Mechanics who perform faulty repairs
  • Vehicle rental companies

Proving fault for a defective motorcycle can be challenging, but a seasoned personal injury lawyer will work hard to investigate the accident and determine the cause.

Evidence for Proving Fault

Proving fault begins at the scene of the accident.

After a crash, law enforcement will arrive to document the scene. Some of the most critical evidence for fault comes from the initial police report.

Some common evidence that can prove fault includes:

  • Photographs of the crash site
  • Witness testimony
  • Video surveillance
  • Chemical tests for DUI

In some cases, your attorney may need to conduct an independent investigation to strengthen your claim. Some extra information your attorney may gather includes:

  • Traffic expert reports
  • Additional witness interviews
  • Accident reconstruction

When you have strong evidence to prove fault, your case has a higher chance of prevailing in court.

Support for Victims in Vancouver, WA, Motorcycle Accidents

Our dedicated lawyers at Harlan Law Firm will work hard to investigate your case and secure the compensation you deserve. Our clients’ testimonies can prove that you can get the best result you deserve.

Contact the Harlan Law Firm today if you were involved in a motorcycle crash. Our injury attorneys represent motorcycle accident clients in Vancouver and Portland.

 

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