Brotherly Law

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Motorcycle Accident Liability

17. Motorcycle Accident Liability1Motorcycle accidents are very serious and it may or may not be easy to prove fault in these cases. Unlike an accident of car vs. car, truck vs. car or truck vs. truck, the accident scene may offer fewer clues as to what occurred. This means that your personal injury or wrongful death lawsuit is going to be built on witness statements, the condition of the motorcycle, medical records, and anything else that your attorney can acquire to build your case with.

At Brotherly Law, we perform a case evaluation to determine if you do have a case. If you do, we move forward with the activities that can lead to the filing of a personal injury or wrongful death lawsuit. The main priority is proving liability so that it is perfectly clear who caused the accident and why. We want to paint a clear picture so that it can’t be said that the responsible party was anything but responsible.

Proving Motorcycle Accident Fault

Time and time again, we have seen the defense in a personal injury case try to say that the victim was at fault in some way. Perhaps the victim wasn’t wearing a helmet and that contributed to the severity of a head injury. The fact is that Pennsylvania has rather lax helmet laws. As long as the victim was obeying the law, the lack of a helmet may not be a good argument. What needs to be proven is who caused the accident since there wouldn’t have been an accident without their negligence.

To prove this negligence, we will gather all of the information surrounding the accident, such as the police report, witness statements, and any other related documentation. If we must, we will have the accident scene reconstructed for a more thorough examination of the scene. Accident reconstruction can reveal many things about what occurred.

We also listen to you, study your injuries, use expert witnesses when needed, and even use the motorcycle itself as evidence. When you call your attorney, you will notice one of the first things that your attorney requests of you is to make sure the motorcycle is not repaired or disposed of since it can tell a story all in itself. For example, a bent wheel can indicate a vehicle crossed in front of the motorcyclist or specific types of marks can indicate what kind of contact a vehicle had with the bike.

Holding the Proper Parties Accountable

17. Motorcycle Accident Liability2There are many types of individuals that can be named in a motorcycle accident lawsuit. There is the driver of a motor vehicle that caused the accident. There is also the manufacturer of the motorcycle if a defective mechanical part had something to do with the accident. However, the part may have had a separate manufacturer than the motorcycle manufacturer, resulting in the possibility of both being named in the lawsuit.

If a road was not properly maintained, then the municipality charged with maintaining it or posting proper warnings could be listed in the lawsuit if road conditions contributed to the accident. This is why your attorney may take a look at road conditions, road design, and signage when building your case. The goal is to prove strict liability so that there is no doubt that the defendant was the responsible party behind the accident.

What is Strict Liability?

Touching more on strict liability, it is a case where fault may not necessarily need to be proven, as it is rather evident who was at fault. However, it really is difficult to not have to paint that picture of what happened, which is why we are going to move forward with building the strong case. At any time, a defendant can state that plaintiff actions contributed to the accident and try to prove it. The goal is to prove otherwise.

Let a Competent Attorney Handle Your Motorcycle Accident Lawsuit

After being involved in or losing a loved one from a motorcycle accident, negotiating with the insurance company on your own can be difficult. Trying to handle it on your own can also result in you not getting the compensation you deserve for the damages you’ve sustained. If you or a loved one has fallen victim to a motorcycle accident caused by someone else’s negligence, Brotherly Law can help you. We have the knowledge and compassion to help you through your injury case. To learn more, call us at (215) 545-8500 or contact us online to schedule a free consultation.

Request A Free Consultation

If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.

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