How Do You Prove Liability for a Motorcycle Accident?

motorcycle rider

From the Tamiami Trail to Ocala National Forest, Florida boasts some of the most beautiful motorcycle rides in the country. It’s also one of the few states where riding is feasible 12 months out of the year. As such, motorcyclists are fairly common on the roads.

That doesn’t necessarily mean, however, that everyone else in traffic is always keeping an eye out for them. If you were struck by a drunk, distracted, or otherwise reckless driver while riding your motorcycle, you may have grounds for a personal injury claim. Before you can seek compensation for the damages, though, you’ll have to determine who was at fault—and then prove it.

Thankfully, a resourceful law firm can help. If you hire a reputable motorcycle accident attorney, you can focus on making a full recovery and taking care of your family while your case proceeds in good hands.

Your lawyer will conduct a thorough investigation to gather the evidence needed to prove liability against all responsible parties. Such evidence might include:

  • Photographs of the Wreckage: Accident reconstruction experts may be able to determine what happened in the seconds leading up to the crash by evaluating images of the scene. As such, personal injury attorneys encourage everyone who’s involved in a collision to photograph the wreckage from all angles before leaving the scene.
  • Video Footage: If you happen to have a helmet cam (or any of the vehicles in the vicinity had a dash cam), the resulting recordings could help you prove fault.
  • Eyewitness Testimony: While statements from eyewitnesses won’t serve as irrefutable evidence of liability, they could corroborate your own claims or at least provide a starting point for the investigation.
  • The Police Report: Officers who responded to the scene will draft an official report, which you’ll likely need in order for the insurer to process your claim. Because police will only conduct a preliminary investigation at the scene, their report will be neither comprehensive nor conclusive; however, it may contain critical details that will fuel your legal team’s own investigation. If officers suspected the other motorist was drunk, drowsy, or distracted, for example, they will make sure to note as much in the document.
  • Toxicology Reports: Conducting chemical tests at the scene or shortly thereafter is not necessarily standard protocol, but officers will do so if any of the parties that were involved exhibit signs of impairment. And if it turns out drugs or alcohol did contribute to the crash, the associated toxicology reports will help strengthen your case.

Call (727) 821-1500 to Speak with a Motorcycle Accident Attorney in Florida

If you or someone you love was seriously hurt in a motorcycle accident, contact Emerson Straw. Our compassionate team will help your family pursue the compensation needed to make your lives whole again.

We have recovered numerous six- and seven-figure settlements and verdicts on behalf of our clients. Call (727) 821-1500 or fill out our Contact Form to schedule a free consultation with a motorcycle accident lawyer in Florida.