You must fight back and prove that you were not negligent if you want the compensation you deserve for your injuries. You will significantly increase the likelihood of winning your case if you immediately retain an experienced motorcycle accident lawyer.
How to Establish That You Were Not at Fault in Causing Your Motorcycle Collision
Insurance companies often argue that a victim was partially negligent because Virginia follows a harsh contributory negligence rule. Under this doctrine, you would not be entitled to any damages if you were even one percent to blame for your motorcycle accident.
Fortunately, you can take steps to prove that the other driver was the negligent party. Here are the first steps you should take:
- Call the police. Contact the police at the motorcycle crash scene. The police report will contain helpful information, such as details on how the collision occurred, the officer’s conclusions about who was at fault, and whether any traffic citations were issued.
- Take pictures. Take photos of the damage to the other motor vehicle and your motorcycle, the crash scene, weather and road conditions, your injuries, and anything else you believe could help prove you did not cause the wreck.
- Get contact information. Obtain the contact information of the motorist and their insurance company so you can file your claim.
- Talk to witnesses. You must speak to witnesses about the collision and obtain their contact information at the motorcycle collision scene. Witnesses can help you prove you were not at fault, especially if they are neutral parties with no stake in the outcome of your claim.
- Hire a lawyer. It is crucial to contact a skilled motorcycle accident attorney immediately. They can collect the evidence you need to prove your case and hire an accident reconstruction expert witness if necessary. They can also go up against the insurance company so that you receive the maximum recovery in your settlement.