How to Prove Fault in a West Palm Beach No Contact Motorcycle Accident
Florida leads the nation in motorcycle accident fatalities, with 491 recorded deaths in 2012. According to records, motorcycle deaths account for one in every five traffic deaths in Florida each year. Accidents that did not result in fatalities still resulted in injuries that were severe and even debilitating. Despite the outstanding numbers, many motorcycle accidents are “no contact” accidents, meaning that the motorcycle was the only vehicle involved. No contact motorcycle accidents can be just as devastating as accidents involving multiple vehicles though, and are oftentimes not the fault of the motorcyclist. However, when a no contact motorcycle accident occurs, it can be difficult to prove fault, oftentimes leaving the motorcyclist without very many legal rights. Fortunately, there are ways to prove liability in no contact accidents, and ensure that the proper party is held accountable for the injuries they caused.
Proving Fault in a No Contact Accident
In order to prove that another driver was liable for a no contact accident, the motorcyclist must prove negligence. This means that the motorcyclist must prove that the other driver did not exercise reasonable care when on the road. The judge will want to know, would another, reasonable person have acted in the same way when the accident occurred? If the answer is yes, then negligence is not an issue; however, if the answer is no, then negligence does become an issue. But how can the victim of an accident prove that another driver is responsible if the other driver had no part in the actual collision?
Proving fault in a no contact accident requires a little more care and deliberation than proving fault in a typical collision. If possible, the motorcyclist should collect as much evidence from the scene of the accident as possible. This includes pictures of the motorcycle post-collision and photos that show the position of the other vehicles at the time of the accident. It would be beneficial for the cyclist to get pictures of any skid marks, and any traffic signs (stop sign, yield sign, etc.). A police report and witness statements will also be helpful in proving liability.
The motorcyclist should take all of this information to his or her West Palm Beach motorcycle accident lawyer. A lawyer will review all of this information and build a case that demonstrates how the accident occurred and ensures that liability is no longer a question.
Contact a West Palm Beach Motorcycle Accident Lawyer
If you were injured in a no contact motorcycle accident that was clearly the fault of another driver, you have legal rights. Though it may be more difficult to prove that another driver is liable, with a strong West Palm Beach motorcycle lawyer on your team, it is possible. At The Pendas Law Firm, our motorcycle accident lawyers have extensive experience in proving liability and ensuring our clients obtain the compensation they deserve after a devastating accident. To speak with a lawyer regarding your no contact motorcycle accident right away, call 1-888-LPENDAS, or schedule your private consultation online now.
The Pendas Law Firm also serves clients in the Tampa, Fort Lauderdale, Orlando, Fort Myers, Miami, Daytona, Bradenton, and Jacksonville areas.