Most motorcycle accidents involve another driver being negligent. In any motor vehicle accident case, you have a lower burden of proof for damages than in other personal injury cases. When someone drives a vehicle, they owe you a duty of care and are responsible for following traffic and safety laws. Furthermore, it can be much easier to establish that your injuries were the result of the motorcycle accident rather than some other contributory factor.
Even with a lower burden, you must still be able to establish that the driver was at fault for the accident.
We can establish this evidence with:
Witness statements
Photographs of the scene of the accident
Police reports, and whether the other driver was issued a ticket
Accident reconstruction expert reports
Weather reports
Phone records (to establish that the driver was using their phone or texting)
Other potential parties that could be at fault include the government agency in charge of maintaining the public roads and highways and ensuring they are properly lit, and the manufacturer of your motorcycle if it was built with defects or defective parts. A practiced motorcycle injury attorney can help you determine which party or parties are responsible for your injuries. The process of litigating your case may be incredibly complex—especially if multiple parties are involved. Your lawyer will help parse all the legal issues raised by your case and develop the best strategy possible.