Thursday, January 14, 2010

Who is At Fault?: Motorcycle Accident Liability

Who is at fault in a motorcycle accident?

Injuries from a motorcycle accident are often serious or fatal. Although motorcycles give the rider an enormous feeling of freedom, the bike does not offer one bit of protection in an accident. If you were involved in a motorcycle accident as a rider or passenger and the accident was someone else’s fault, you can sue the individual or damages.

Do not Admit Guilt

After the accident, even if you were partly to blame for the accident, you should not admit any guilt or fault on your part. Motor vehicle drivers sometimes blame the accident on the actions of the motorcycle rider. If a driver said he did not see the motorcycle rider changing lanes, or making a turn, it demonstrates the motor vehicle driver was negligent. If your bike came back from maintenance with a defective part and caused an accident, the person and company responsible for the repair is liable for the accident.

Steps following a Motorcycle Accident

There are steps you should follow after any accident, including motorcycle accidents. First, stay with your motorcycle and call 911. Then, seek medical attention for anyone injured at the scene, especially you. After your injury has been stabilized, preserve any evidence, photos, or videos taken at the accident that can help you if you pursue a motorcycle injury lawsuit. Lastly, ensure you have all the contact information for the following parties: the other drivers, witnesses, police officer, and insurance companies.

Seek a Motorcycle Accident Attorney

When you are well enough, bring your accident case to a motorcycle accident attorney in Houston. The attorney will review the accident, and elicit reasons you think someone is liable for the accident. The attorney should review the police report, location of the vehicles, photos, videos, and any other evidence you may have. If it is not obvious on the police report how the accident occurred and who is liable, perhaps further investigation of the accident will be necessary.

Do Not Negotiate your own Settlement

Never negotiate with any insurance company yourself. Your motorcycle accident attorney has the best probability of gaining the highest compensation for your injuries. You may be awarded damages for pain and suffering, medical expenses, damage to your motorcycle and other personal property, and loss of earnings if the accident has caused you to lose work time.

This article has been provided by the Houston motorcycle accident lawyer of the Duke Firm, P.C., 888-314-5720, www.localzoomlawyer.com.

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