How Do You Prove Fault in a Catastrophic Motorcycle Accident?

What Should You Do After a Major Motorcycle Accident?

As a motorcyclist, you understand that with the amazing freedom of the open road comes the inherent risk of being so exposed. That’s why you’re careful and do whatever it takes to ensure a safe ride. Unfortunately, it doesn’t matter how prepared you are when a reckless driver hits you and brings your life to a disastrous halt.

Things can feel overwhelming when it comes to getting your life back after a catastrophic motorcycle accident. You will have to deal with not only the driver who hit you, but also greedy insurance companies, countless hospital visits, lost wages, and the knowledge that your life may never return to normal again.

Finn Trial Attorneys are here to help you with your personal injury case. As our client, you won’t have to navigate this alone. In this article, we will go over proving fault after your accident, as well as other useful information to help you get your life back.

If you are ready to get your personal injury claim underway, call 619-375-5105 to schedule a free consultation with an experienced personal injury attorney.

What Is Considered a Catastrophic Accident?

A catastrophic accident is one that causes life-altering or permanently disabling injuries, often with long-term physical, emotional, and financial consequences. Because of the vulnerability involved with motorcycle accidents, these events are especially devastating due to the rider’s lack of protection and the high risk of severe trauma upon impact.

In personal injury law, an accident may be considered catastrophic if it results in:

• Traumatic brain injuries (TBI)
• Spinal cord damage leading to paralysis
• Amputations or loss of limb function
• Severe burns and disfigurement
• Multiple fractures or internal organ damage
• Permanent loss of mobility or cognitive ability

When someone suffers one of these injuries, they often require extensive medical treatment, which usually includes rehabilitation and ongoing care. Those injury victims may also be unable to return to work or maintain the quality of life they are used to.

We understand the unique challenges those who experience catastrophic injuries face. That’s why the personal injury attorneys at Finn Trial Lawyers fight to recover full compensation, not just for your immediate medical care and lost wages, but also your future medical treatments and the loss of earning capacity you may face in the future.

What Is Fault?

In a motorcycle accident claim, fault refers to the legal responsibility for causing the crash. Proving fault is essential to recovering compensation in a personal injury claim.

How Is Fault Proven?

Because of what’s at stake in a catastrophic injury case, proving fault requires strong evidence that another party’s negligence directly caused the crash. This often involves a detailed investigation and legal strategy to establish liability.

Proving fault requires proving four important elements.

• Duty of care: The other party owed you a legal duty to operate their vehicle safely and follow traffic laws.
• Breach of duty: You must prove that the other driver breached that duty, either by speeding, distracted driving, disobeying traffic laws, or other negligent behavior.
• Causation: You must demonstrate that the driver’s actions directly caused the accident and your injuries.
• Damages: You must prove that you suffered actual losses as a result of the accident.

The key resources your personal injury attorney will use to prove fault may include:

• Police reports that document the scene, statements, and traffic violations
• Eyewitness testimony supporting your version of events
• Traffic or surveillance camera footage that captured the collision
• Accident reconstruction experts who can analyze things like skid marks, impact points, and vehicle positions to recreate the events that led up to the accident
• Medical records linking your injuries directly to the accident
• Cell phone or GPS data showing distracted or reckless driving

Our personal injury team will use all available resources to build a compelling case and hold the negligent driver accountable. Are you unsure of the evidence involved with your case, or don’t believe you have enough evidence to prove fault? Call 619-375-5105 for a free consultation with Finn Triel Attorneys.

What If There Isn’t a Police Report?

While a police report can strengthen your case, it is not the only way to prove fault. Suppose no report was filed, or it is incomplete. In that case, your attorney can rely on other evidence, such as witness statements, photographs of the scene and vehicle damage, and the help of other professionals.

In California, it is legally required to report any vehicle accident that results in injury, death, or property damage exceeding $1,000 to law enforcement and the Department of Motor Vehicles. When in doubt, call the police in any motor vehicle accident you are involved in.

What If Multiple Parties Share Fault?

In California, when more than one driver is responsible for an accident, the law allows you to hold each party liable for their share of the fault. Each driver’s responsibility is based on their percentage of fault.

Even if you are partially at fault for your accident, California uses a pure negligence rule, meaning you can still recover compensation even if you were mostly at fault for your accident. Your total recovery is simply reduced by your percentage of fault.

When Should You Speak With a Personal Injury Lawyer?

It is understandable if the first thing on your mind after your accident isn’t calling a personal injury attorney. But as your bills pile up, you miss more work, and you’re left trying to rebuild your life, you may start to wonder what your options are.

Call 619-375-5105 to schedule a free consultation with Finn Trial Attorneys as soon as possible. You will want as much time as possible to build a strong personal injury claim.