After a motorcycle accident, one question rises above the rest: who was at fault? Fault refers to the legal responsibility for causing an accident, and determining it is the foundation of filing a personal injury claim. Without establishing fault, you cannot hold the responsible party accountable for your losses, even when your injuries are serious.
Evidence Used to Establish Fault in a Motorcycle Accident
Building a strong case requires solid evidence that tells the true story of what happened. The more documentation you have, the harder it becomes for insurance companies or opposing parties to twist the facts or shift blame onto you. Kansas City attorneys for motorcycle accident cases and investigators rely on several types of evidence to piece together the events leading up to a crash:
- Police Reports: When officers respond to an accident scene, they document their observations and may note preliminary determinations about which party violated traffic laws.
- Witness Statements: Bystanders, other drivers, and passengers can provide independent accounts that corroborate your version of events.
- Photographs and Video Footage: Images of vehicle damage, road conditions, skid marks, and traffic signals help reconstruct how the accident occurred. Nearby surveillance cameras or dashcams may capture the collision itself.
- Medical Records: Your injuries can reveal important details about the accident’s severity and the direction of impact, supporting claims about how the crash unfolded.
- Accident Reconstruction Experts: In complex cases, specialists analyze physical evidence, vehicle damage, and environmental factors to create a detailed picture of the accident sequence.
- Cell Phone Records: If distracted driving is suspected, phone records can show whether the other driver was texting or making calls at the time of the collision.
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What Happens When Both Parties Share Blame?
Sometimes, both the motorcyclist and the other driver contributed to the crash in some way. When this happens, comparative negligence laws determine how compensation is divided.
Missouri follows a pure comparative negligence system. This means you can recover damages even if you were 99% at fault, but your compensation will be reduced by your percentage of responsibility. For example, if you suffered $100,000 in damages but were found 30% at fault, you would receive $70,000.
Kansas takes a stricter approach with modified comparative negligence. You can only recover compensation if you were less than 50% responsible for the accident. If you are found 50% or more at fault, you are barred from recovering anything. Using the $100,000 example, you would receive $70,000 in Kansas if you were 30% at fault, but nothing if your responsibility reached 50%.
Protecting Your Rights During the Investigation
What you do after an accident matters just as much as what happened during it. First, avoid speaking with insurance adjusters without legal guidance. They may seem friendly, but anything you say can be used against you during the course of your claim. Second, stay off social media. Even innocent posts about your recovery can be taken out of context.
Finally, work with a Kansas City motorcycle accident attorney who can guide you through the investigation, preserve evidence, and protect your rights at every step. For years, Dollar, Burns, Becker, and Hershewe has stood beside injured riders and their families, and we will work tirelessly to pursue the justice and compensation you deserve. Contact us at (816) 876-2600 to schedule a free consultation with our lawyers today.