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Motorcycles have become very popular in New York, with over 750,000 licensed motorists registered in this state, and it keeps growing. However, while these vehicles are a convenient and fun mode of transport, they also come with the risk of accidents. After a motorcycle accident, you're entitled to compensation if you're the victim. But before seeking compensation, you must prove someone else was at fault or negligent, leading to the accident. A lawyer with experience in such cases will know where to dig to establish liability. If you or a loved one has been involved in an accident in Garden City, the following dives into some things you need to understand about motorcycle accident lawyers' steps to prove negligence.
The accident scene holds a lot of information about what happened immediately before the crash. That information is pertinent to proving who was at fault and helping your secure compensation. An experienced Garden City motorcycle accident attorney will study the accident scene to establish faults. This involves working with an investigator to collect information about the following:
This is evidence that the lawyer will compare with reports from the insurance company and the police to strengthen your claim.
Lawyers establish liability in motorcycle accidents by investigating the crash scene and vehicle damage, including defects and video evidence if available. They gather witness statements, reports, and expert opinions to prove negligence, aiding victims in seeking compensation.
If the insurance company is contesting liability, your attorney can work with an accident reconstructionist who will analyze the crash and report their findings to support your claim.
Statements from eyewitnesses can help identify the liable party correctly. An accident report usually includes the names and contacts of the accident witnesses. You might have spoken to a few people at the scene if you didn't suffer severe motorcycle injuries after the crash. These are the witnesses who can help fortify your claim.
An experienced motorcycle accident attorney knows how to track and interview witnesses. In addition, they can evaluate if certain witnesses are credible or are likely to damage your case. Eyewitnesses play a huge role as they support your account of the accident. Even if they counter your claim, your lawyer knowing this information beforehand helps them anticipate arguments from the insurer.
In a motorcycle accident, your attorney has to find out what the other driver did or failed to do, leading to the crash. This is very important in establishing negligence. During your consultation, the attorney will ask what you remember seeing before the driver hit you. Did the driver exhibit any negligent behavior? This can be in the form of:
Exhibiting negligent behavior means the liable party breached a duty of care by acting in a manner that puts your life in danger.
There are instances where there is more than one negligent party in a motorcycle accident. For instance, if an automotive defect led to an accident, the manufacturer can be liable for the damages. In other instances, a poorly maintained road can cause an accident. This means the agency in charge of maintenance is liable for the injuries and damages. An attorney experienced in motorcycle accidents can help prove that the negligence of another party led to the accident, as stated by the American Bar Association (ABA).
How lawyers establish liability in motorcycle accidents is by investigating the circumstances surrounding the accident, gathering evidence such as witness statements, accident reports, and expert opinions, and presenting a strong case to prove the negligence of the at-fault party. This process helps victims seek compensation for their injuries and damages.
Injuries and psychological trauma from a motorcycle accident can make it hard for you to take action. In addition, many steps are involved in proving liability which requires energy and time you may have yet to. Hiring a motorcycle accident to help prove liability is a great way to ensure you get the compensation you deserve.
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