Blog

Questions to Ask When Working to Prove Liability in a Motorcycle Accident

Proving fault in any type of accident can be a challenge but this is often even truer when it comes to motorcycle accidents. It is common for the scene to not contain enough evidence to clearly show who was at fault – or at least it can seem that way. You need an experienced attorney who can look closely at the facts and evidence to determine who is responsible for the accident and who should be held accountable for the damages.

If you have been involved in a motorcycle accident then we strongly recommend contacting Law Offices of Fernando D. Vargas at 909-982-0707 now for a free legal consultation. We are here to provide you with our honest advice on how you can proceed.

Remember that you can be partially at fault and still be eligible for compensation

One of the most common misconceptions people have about motorcycle accidents is the idea that one party is 100% at fault. Others know that each party can be partially at fault but assume that whoever is more at fault is the one who is responsible for all damages. This is not true of car accidents and it is not true of motorcycle accidents.

The truth is that in California, even a person who is found to be 99% at fault for an accident could potentially recover compensation for damages. However, the amount of the damages they are eligible for is reduced by their percentage of fault. Consider this example: A motorcycle rider is found to be 50% at fault for an accident in which they suffered $100,000 in damages. They would then be eligible for $50,000 in damages because it is equal to their percentage of fault – 50% of $100,000 is $50,000.

Ask yourself these questions to determine fault

When we work with you on your motorcycle accident case, we will ask a number of questions to determine whether or not fault can be determined and who is at fault. Some of those questions include:

  • Were there reliable witnesses?
  • What does the police report or accident report say?
  • Were any involved drivers drunk or under the influence of drugs?
  • What were the road conditions?
  • What exactly happened?
  • Were other drivers following the laws?
  • Were the other vehicles involved properly maintained?
  • Is there physical evidence at the scene, such as skid marks?
  • Where is each vehicle damaged and what does that say about potential fault?

The bottom line is that motorcycle accidents are more than an annoyance – they are almost always serious and can be life threatening. If you were involved in a motorcycle accident then you should get any compensation you are entitled to. To find out if you have grounds for a case, please contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We can consider the available evidence and advise you on your options.