In the unfortunate event that you are in an accident involving more than one vehicle, or if there is a potential responsible party such as a city or state government entity, establishing who is at fault is going to be one of the most important and contentious steps of the process.
Even if it seems blatantly obvious who is responsible, the insurance companies and the at-fault party both have an interest in demonstrating that the motorcycle accident liability is not theirs.
To counter their arguments, you need to have solid ones of your own. Remember, even if all parties are operating in good faith, memories are not reliable.
Over the course of my career as a Pennsylvania motorcycle accident lawyer, I’ve seen seemingly open and shut cases fall apart (not when they were handled by a competent lawyer!) because the plaintiff relied upon his or her memory to clear them of blame, rather than gathering good evidence and presenting a solid argument.
In Establishing That You Are Not at Fault, Evidence is Your Friend
Obviously when you’re in a Pennsylvania motorcycle accident, liability establishment is not going to be at the top of your priorities, at least not right away.
But once you’ve gotten your immediate injuries taken care of, the fact will sink in that you still need to get your your medical expenses covered, keep the lights on, put food on the table and so forth.
You know in your heart that it wasn’t your fault, and that you are entitled to recover at least some of the funds necessary to cover these expenses, but now you need to prove it.
I provide free consultations for Pennsylvania motorcycle accidents. Call Lee Gaber now at 1-888-292-5352, and I’ll help you determine fault.
Here’s how we’ll work together to build your strongest possible case.
Gathering police reports
In the case of a motorcycle crash that includes injuries, there will most likely be a police report filed at some point in the process. You have the right to see that report once it’s filed, so if you have the presence of mind at the scene, ask the officer how to get a copy of it.
If no police come to the scene, but you filled out an accident report later, investigators may conduct their own inquiries and you have the right to see their reports as well.
Police reports are powerful tools in our fight to establish motorcycle accident liability because they often rely on physical evidence, such as the officer’s measurement of skid marks, which can prove that the other party was speeding or driving recklessly.
They will also include any ticketing that took place at the scene.
My job is to make sure that we have the police report, and to make sure that if it needs to be amended due to incorrect insurance information or other factual errors, that this is taken care of.
Understanding the Pennsylvania Traffic Code
My thorough understanding of Pennsylvania traffic code will be key to establishing who is at fault.
When we examine the police reports, witness accounts, accident forensics, your own recollections, and other evidence, then compare these things to the rules of the road, it often becomes clear that the other driver violated a traffic law.
For example, they may have failed to yield the right of way, or made a left turn in front of you. If we can establish that the other driver broke the law, your claim will be strengthened.
Comprehensive documentation of your own impressions
Over the course of our in-depth consultations, I will be asking for and documenting your memories of the accident. Together we will make sure that every detail pertinent to your claim is correct, fully documented, and backed up by the physical evidence we referred to above.
And because I will not accept payment until we win your case, these consultations are totally free of charge to you.
Experience as both a lawyer and a biker
In addition to being a lawyer for over two decades, I am a lifelong motorcycle rider.
How can this help your case? I understand how motorcycles work, how they interact with the road under different conditions, and how that combination of physics and the riding environment can lead to disaster.
Thanks to my years on the road, I also have a solid grasp of the mistakes drivers of cars and trucks can make, and under what conditions those mistakes might lead to a motorcycle accident.
Liability in Pennsylvania is complex, and skilled, tenacious motorcycle accident lawyers with experience both on the road and in the courtroom may be your best bet to unravel these complexities and make a strong case in your favor, leaving you in a position to collect the property damages and other compensation you need, and which is rightfully yours.
Get answers to your questions regarding how to establish motorcycle accident liability in your favor.
Contact Pennsylvania motorcycle accident attorney Lee Gaber, Esquire now at 1-888-292-5352, for more information.