How to Prove Fault in a Motorcycle Accident Case

How to Prove Fault in a Motorcycle Accident Case

Motorcycle accidents can be really dangerous for the driver. All it takes is a sudden move from any other type of vehicle and that is it. If you are ever involved in such an accident, you will have to be able to prove that you are not at fault, and here, we are going to provide you with some things you can do.

Key elements of fault

Some elements must be proven if you want to establish fault in a motorcycle accident case. These include the following:

Duty of care: Motorcyclists and other drivers must have a responsibility to show duty of care. This means that they must behave in a way to not put anyone in danger on the road. First of all, they must follow all traffic regulations and practice safe and responsible driving. 

Breach of duty: The next element you must prove is that the driver has violated their duty of care. You must prove that they have behaved badly, like driving at excessive speeds, failing to stop at the red light, or driving under the influence. 

Causation: Causation is the third element where you must prove that there is a direct connection between the breach of duty and your injuries. This means that you must prove that the other driver’s reckless behavior on the road directly caused the accident and your injuries. 

Damages: Damages clearly show the extent of your injuries and the accident itself. Damages can be monetary and non-monetary, and they include many aspects, like your physical and mental pain, property damage, suffering, lost wages, loss of life pleasure, and other negative consequences of the accident. 

Have a good lawyer

A skilled personal injury lawyer will help you handle all the legal complexities and understand your rights in motorcycle accident cases. They will make sure no important information is missed, and they will conduct a comprehensive investigation to collect all important pieces of evidence. Thanks to their knowledge and experience, legal representatives like Nebraska motorcycle accident attorneys will also deal with insurance companies to prevent them from minimizing your compensation and offering you low-ball settlements. They will also defend you in court if negotiations with insurers fail, and fight to get you the best amount of compensation possible that will cover all of your losses. Your attorney will keep you informed of any changes, improvements, or important deadlines in your case, and you will not miss anything. 

Have a camera

A great way to prove that it was not your fault that the accident occurred is by simply investing in a camera. This camera is placed on your helmet and you can place one to watch your rear and everything that happens on the road will be recorded. All you have to do is show the police the recording and everything will be settled. Motorcyclists are often overlooked on the road so having one of these cameras will record the people who have done you wrong. Even if they run away, most likely the camera has caught their license plate. What is great about these cameras is that you can create great footage with them. There are some people on YouTube and other social media sites who have used these cameras to record interactions with people and things that occurred on the road and publish them online. Since there are many lunatics on the road, you won’t be short of content. If you want to go on vacation with your friends on motorcycles, you can make a great montage of the way you got there and what you experienced. Also, you never know what can happen on the road, and having a camera to record it means that you can share it with your family members or friends.

Collect evidence

Once you have made sure that you and the other participants in the accident are okay, you will have to make sure that no evidence is being lost or overlooked. What you should do is take out your phone, if it is in good condition, and start recording everything. You should make sure that you record everything important for your case so that it is easier for your lawyer to make a case. Even if some things may not seem important at the time, you should still take pictures of them just so that you can make sure you have everything you need. Many times, after accidents, people are delirious, so do not trust your judgment completely and make sure that you record everything.

Drive correctly 

Of course, it is really hard to prove that the other car is at fault if you are not driving properly either. If you are speeding, or disregarding some rule, it may be really hard for your lawyer to prove that you are not guilty when the evidence shows your behavior. Make sure that everything is correct from your side and let the justice system take care of the rest.

Medical records

Medical records are crucial pieces of evidence in motorcycle accidents, as they give clear descriptions of medical evaluations, treatments, and recovery processes. These records are proof of how the accident has impacted your physical and mental health and your life in general. Also, medical data is necessary to determine the right amount of compensation you will get, as it shows both your short-term and long-term costs. So, don’t forget to work with your lawyer to get the proper medical records, as they are crucial in determining fault and maximizing your chances of a successful claim. 

Police investigation

After you have ensured everyone is safe, you should call the police, no matter if it is a rule or not, especially if it is a big accident. Many times people do not decide to call the police, wanting to let the other person pay for all the damages but this is not usually the safe option. By calling them, you will ensure that everything is recorded and that you can start the next phase of your defense.


Successfully determining fault in a motorcycle accident needs thorough evidence collection, knowledge of traffic legislation, and the help of an experienced personal injury lawyer. If you have these by your side, you will be on the right track to recovery and getting justice for everything you have endured.