By their very nature, motorcycle accidents are some of the most devastating types of wreck that a person can be involved in. After you have been in such an accident, it is likely that you have been seriously injured and have possibly lost your ability to support yourself financially, meaning you deserve compensation. However, getting the type of settlement that you need rests on proving liability in your case, which can be hard to do if you are unfamiliar with the process. Read on to find out how to prove liability in a motorcycle accident and how to find an attorney in Knoxville to handle your case.
Learn the Laws that Govern Motorcycle Accidents
Like most other automobile accidents, motorcycle accidents fall under the umbrella of negligence laws. These laws put the responsibility on drivers to operate their vehicles responsibly and do everything in their power to avoid causing injury to other drivers. When a driver is negligent—distracted or careless—then they are responsible for any wrecks that they may cause. Almost every type of motorcycle accident involves negligence of the other driver. However, proving negligence, and thus liability, is of the utmost importance in getting the kind of compensation you deserve.
How Negligence Factors into Motorcycle Accidents
If you are trying to prove negligence in your motorcycle accident case, there are a couple of factors that are more important than everything else. First, you must prove that the other driver ignored their responsibility to other motorists by driving carelessly and that this directly caused your accident. Secondly, you must prove that the accident led to serious life affecting consequences. These consequences can include serious injury, mental trauma and a lack of financial stability that you will need help recovering from. To prove negligence in your motorcycle accident case, it is important that you collect enough evidence to build your case.
Document the Accident and After Effects
Immediately following your accident, probably the last thing on your mind is documenting the accident as completely as possible. However, documenting your wreck while your memory is fresh may be key in getting your compensation. Once you feel like your mind is clear enough, write out what happened in your act as closely as you can remember. Document the road conditions, the traffic levels and what happened that directly led to the accident. Also, make sure to keep track of the effects of the accident in the days and weeks to come. If you have injuries stemming from your wreck, record them immediately, and be certain to make a note if the condition of your injury progresses. Having these documents on hand will provide a solid base for your case and provide you with a jumping off point to collect more evidence.
Record the Crime Scene and Search for Witnesses
After you have documented your memories of the accident, it is time to start searching for more concrete proof of liability. Before it gets cleaned up, you need to record the crime scene in some shape or form. The best way to do this is to film video, but still photographs are also acceptable. The only thing that matters is that you have some visual documentation of what the accident site looked like.
Next, you need to collect witnesses to the accident, preferably ones who saw the wreck from start to finish. Find witnesses that have a good memory of your accident and are willing to testify on your behalf. Trustworthy witness testimony that puts fault on the other driver will go a long way towards winning your motorcycle accident case.
Recover from Your Motorcycle Accident with Legal Help
Proving liability in your motorcycle accident on your own can be difficult if you have never undergone the process before. Gathering the right kind of evidence requires a great deal of patience and persistence, and is much easier when you have help. In Knoxville, the best way to prove fault after your motorcycle accident is to partner with the expert legal team at the McMahan Law Firm. By working with you directly, our attorneys will help you gather the evidence needed to win your case and get the compensation you need to move on. Contact our Knoxville office today and let the McMahan Law Firm help you.