Motorcycle Injury in Missouri

How to Prove Fault After a Motorcycle Injury in Missouri

Missouri has some excellent drives and gorgeous scenery, making it a popular destination for motorcyclists who crave the open road. However, not all drivers are eager to share the streets with motorcycle riders. Some drive aggressively around bikers, and others don’t notice them at all, thanks to a phenomenon known as “inattentional blindness.”

Have you been involved in a motorcycle accident? Below, a motorcycle accident attorney explains how to prove that the other driver was at fault.

Prove That the Other Driver Breached Their Duty of Care

Missouri drivers have a duty of care to other drivers and pedestrians. That means they should obey traffic laws and do everything possible to avoid causing an accident.

If the driver who hit you breached this duty, you can prove that they were at fault for the accident. Breaching the duty of care could mean:

  • Speeding
  • Not stopping at stop signs
  • Running red lights
  • Talking or texting on the phone while driving

Gather Evidence

In any car accident case, the outcome comes down to evidence. With the right evidence, your motorcycle accident attorney can prove that the other driver was to blame for the crash.

You can gather some evidence yourself. After the accident, take photos of the damage to your bike and the car that hit you. Take pictures of your injuries if you’re hurt as well. And if you find witnesses, ask whether you can have their statements.

Don’t Flee the Accident Scene

Your first instinct might be to flee after an accident, especially if you think you’re partially at fault. Don’t do this! Fleeing the scene makes you look guilty even if you aren’t. Plus, the police could charge you with a hit-and-run, and the consequences can be severe if the accident caused a wrongful death.

See a Doctor

Doctors are like detectives documenting how your injuries happened. A doctor can look at the pattern of your injuries and determine how they developed. For instance, if you have whiplash and a concussion, this could prove that the other driver hit you from behind.

Seeing a doctor also establishes a record of treatment, which the at-fault driver’s insurance company needs to assign a value to your damages. You could end up with a low settlement offer if you forgo treatment.

Hire a Motorcycle Accident Attorney

It can be tough to prove fault without a good motorcycle accident attorney by your side. Your attorney can help by:

  • Requesting a copy of the police report
  • Talking to witnesses
  • Gathering evidence to build a comprehensive and compelling case
  • Ordering an analysis from an accident reconstructionist
  • Talking to the insurance company on your behalf

Hiring a lawyer is especially important if a truck hits you. Trucking companies have their own teams of attorneys and will fight aggressively to prove that you were at fault.

The good news is that trucks have a black box containing data on everything the driver did behind the wheel, including patterns of speeding, swerving, and braking aggressively. The black box also records breaks taken, which could prove that the trucker was driving longer than legally allowed.

The Law Offices of Kevin J. Roach, LLC, Fights for Your Rights

If you’ve had an accident, but the other driver says it’s your fault, you needn’t take their accusations lying down. We’ll work hard to prove liability in pursuit of fair compensation. Our accident attorneys also work on a contingency fee basis, so you pay nothing for motorcycle accident claims unless we win.

To schedule a free consultation with a Missouri motorcycle accident attorney, call us at (636) 519-0085.