You have an obligation to prove fault after a motorcycle accident if you want to demand damages for your losses. How, though, can you or a motorcycle accident lawyer go about proving liability to a civil court? The answer comes down to evidence. You must have the hard data to prove that another party’s negligence led to your losses.
Finding that evidence can prove challenging, though, if you’re trying to get your life back on track at the same time. Fortunately, Vaughan & Vaughan understands how difficult that process can seem. That’s why our motorcycle accident lawyers in Indiana can conduct an investigation into motorcycle accident fault on your behalf.
You can learn more about our services or request Vaughan & Vaughan’s representation by contacting our office today.
The Purpose of Proving Accident Liability
You can’t request damages for a recent motorcycle accident if you can’t prove that another party’s negligence led to your accident. It’s that negligence that gives you the right to initiate legal action against an offending party. In other words, if you don’t have anyone to blame for your accident, there’s no one to pay out the damages you deserve.
Your obligation to prove liability is a complex thing. You specifically have to use what tools the legal system provides you to argue that:
- Another person engaged in negligence on the road
- That party owed you a duty of care and subsequently violated said duty
- The violation could not have been predicted or was otherwise unreasonable
- The said violation resulted in your direct and verifiable economic harm
Because the argument you have to make is so multifaceted, you may find that working with an attorney allows your investigation to progress more quickly than it might while also preventing you from taking on undue, accident-related stress.
How Attorneys Can Prove Motorcycle Accident Liability
An attorney’s ability to prove accident liability after a motorcycle crash may entitle you to compensation. What steps, though, can an attorney take to prove liability in civil court? The motorcycle accident attorneys in Indiana who work with Vaughan & Vaughan can specifically:
Investigate the Question of Fault
It’s easy to try and lay the blame for a motorcycle accident on a nearby driver, pedestrian, or related party. That said, the question of fault is not always so easily answered. Mechanics and motorcycle manufacturers may bear the blame for your recent motorcycle accident, even if they weren’t present at the accident scene.
What’s more, you may have the right to divide fault between multiple parties, depending on the nature of your accident. For example, if a part on your motorcycle failed and made you lose control after another driver crashed into you, both that part’s manufacturer and the negligent driver may bear the blame for your losses.
It’s our responsibility to look into the nature of your accident and begin unraveling what story of liability the evidence at the scene has to tell.
Analyze Evidence to Build Your Personal Injury Claim
Speaking of evidence, it’s our job to bring forward hard data indicating that one or more parties engaged in the unreasonable negligence that led to your accident. This data can include the following:
- Videos of your motorcycle accident
- Photos from before, during, and after your accident
- A police report speculating on accident liability
- Expert witness statements, including accident recreations
- Bystander accounts of your accident
Once we have a collection of evidence to go on, our team can analyze the data at hand to tease out the story of the negligence that led to your accident. We have an obligation to share this story with a judge if you want to fight for post-accident compensation.
Weigh the Value of Relevant Contracts
Unfortunately, contracts can override the story of fault told by at-the-scene evidence. For example, if an on-duty employee hit you, that employee’s company may have the legal obligation to assume fault for your accident.
It’s our job to break down the distinctions between independent contractors and employees should either party find themselves involved in your accident. Once we know whether or not these parties contributed to your losses, we can more effectively determine how to assign the blame for your accident.
How to Uphold Accusations of Liability in Civil Court
Once an attorney gathers all of the evidence and analysis most relevant to your motorcycle accident case, they can submit that data to a civil judge and request the right to act on your behalf. That said, solely submitting a claim doesn’t entitle you to legal action. The court has to approve your claim, and even then, that approval doesn’t entitle you to compensation.
Instead, the court’s approval of your claim entitles you to summon the liable party for either private negotiations or a civil trial. You get to decide how you want your case to proceed. You must, however, successfully convince either the liable party or a jury of your peers of your right to accident-related financial support.
An attorney can represent you during these conversations and present an argument for compensation on your behalf. This way, you don’t have to figure out how best to present your case either before a jury or the liable party and their lawyer.
Let Vaughan & Vaughan Represent Your Best Interests Today
If you want to demand damages after a motorcycle accident, you need evidence to establish another party’s fault. Doing the legwork to bring that evidence together can prove challenging, though, particularly if you’re contending with motorcycle accident injuries. The good news is that you’re under no obligation to prove motorcycle accident liability alone.
The Indiana motorcycle accident attorneys with Vaughan & Vaughan can represent your best interests if you express interest in pursuing a personal injury claim after a motorcycle accident. You can turn to our team for support and request that we gather evidence of liability on your behalf. We can then use tried and tested analysis to help establish fault for your crash.
Contact us by phone or online today for more information about how Vaughan & Vaughan can represent your best interests in Indiana’s civil courts.