How Can I Prove That I Am Not At Fault for My Motorcycle Accident?

The aftermath of a motorcycle accident can be overwhelming, and those injured may find it difficult to prove they were not at fault for the incident. Proving a total or partial lack of fault is essential in recovering fair compensation from a settlement, so injured parties should strongly consider working with a personal injury attorney to collect evidence and negotiate settlement offers appropriately. 

Understanding Comparative Negligence 

Florida is a comparative negligence state, which means that in a motorcycle accident, the compensation awarded depends on the degree of fault attributed to each party involved. For instance, if one driver is 30% at fault, they will receive 70% of the total value of their claim. To receive 100% of the value of a claim, the injured motorist must prove that the other driver or external circumstances were entirely at fault for the accident. 

First Step: Hiring an Attorney 

The best way to protect one’s rights after a personal injury is to hire a qualified legal representative. An attorney helps to ensure that the injured party is taken seriously and makes it easier to navigate the sometimes confusing stipulations surrounding personal injury claims. These legal professionals are experienced in the specifics of proving a lack of fault.

They can assist with gathering evidence, negotiating settlements, and even representing the injured party in court if a hearing becomes necessary, although this is rare in such cases. 

Those injured in an accident can work with an attorney to gather evidence about fault and damages, including: 

• Police report: These documents provide a factual summary of the incident and offer initial conclusions about the fault. 
• Accident witness statements: Those present at the scene can assist with accident reconstruction and provide accounts of their perception of fault. 
• Dashcam footage: As many drivers now utilize dashcams, this footage can be incredibly valuable when filing a not-at-fault claim. Other footage from nearby surveillance, traffic cameras, and photos taken after the accident can also provide insight into the incident and reveal the degree of fault. 
• Medical records: The documents from initial medical examinations can be used to establish damages and determine an appropriate bottom line for settlement agreements. 
• The vehicle: The remnants of a motorcycle after the crash can reveal more about how the accident happened and whether the driver was at fault. 
• Expert testimony: Attorneys may call upon experts such as accident reconstructors to explain how an accident occurred and determine fault. 

These important pieces of evidence contribute to an insurance adjustor’s understanding of the event and can prove that a motorcyclist is not at fault for an accident. After a crash, it is essential to preserve all documentation of the evidence and pursue a claim quickly to avoid losing any rights due to insufficient evidence or an expired statute of limitations. 

It is easier to prove a lack of fault with an attorney who can advocate on the injured party’s behalf and ensure they receive fair settlement offers based on the degree of their injuries and liability.  

Consult Fenstersheib Law Group, P.A. 

If you or a loved one were injured in a motorcycle accident, Fenstersheib Law Group, P.A. can help. Our experienced attorneys can assist you with gathering and presenting the necessary evidence to secure a fair settlement from the insurance company, alleviating the costs of your medical treatment, pain and suffering, and other damages. 

Consult our legal team as soon as possible after sustaining an injury to get help before filing your insurance claim with the proper supporting documents. These processes can be stressful, especially during the healing process from an injury, and our team can streamline the journey to secure fair compensation. 

Call 800-TellRobert (800-835-5762) or 954-456-2488 to schedule a free consultation today. 

FREQUENTLY ASKED QUESTIONS:

Q: What is comparative negligence in a motorcycle accident case?
A: In Florida, your compensation is reduced by your percentage of fault. To get full compensation, prove the other party was entirely at fault.

Q: What evidence helps prove I’m not at fault for a motorcycle accident?
A: Police reports, witness statements, dashcam footage, medical records, vehicle damage, and expert testimony are crucial evidence.

Q: Why should I hire an attorney after a motorcycle accident?
A: An attorney helps gather evidence, negotiate settlements, and protect your rights to ensure you receive fair compensation for your injuries and damages.