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Lawyers determine liability in motorcycle accident cases by investigating to figure out who caused the crash through negligence or reckless behavior. Attorneys must establish liability in order to secure compensation for the injured party.
A Fort Myers motorcycle accident lawyer can focus on proving liability by questioning witnesses, visiting the scene of the crash, getting a copy of the police report, and completing other investigative procedures.
How Do Lawyers Establish Liability for a Motorcycle Collision?
A Fort Myers personal injury lawyer can establish liability after a crash by immediately investigating the causes of the collision. This investigation may require an attorney to:
- Visit the scene of the crash and look for hazards that contributed to the crash
- Get a copy of the police accident report
- Interview all eyewitnesses to take their official statements
- Canvas local businesses to get surveillance footage of the crash
- Request copies of any dashcam footage showing the accident
- Work with motorcycle accident experts
- Set up accident reconstruction
Law firms will vary the strategies they use during an investigation based on your specific needs. The purpose of the investigation is to establish negligence or to show that:
- Someone else owed you a duty of care
- The other party violated their duty to you
- Their actions directly caused the collision
- The collision caused your injuries and financial losses
Establishing negligence can demonstrate liability on the part of the at-fault driver and allows you to secure compensation to cover all of your financial losses. An attorney can provide more information about how liability is determined in motorcycle accident cases.
Can Lawyers Determine Liability in a Fatal Motorcycle Crash?
A Fort Myers wrongful death lawyer can investigate after a deadly motorcycle collision to find the liable party. In many cases, law firms use many of the same investigative strategies for fatal crashes, identifying the responsible party and holding them accountable.
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Does the Court Determine Liability After a Motorcycle Crash?
A judge and jury may decide who caused a motorcycle collision if you file a personal injury lawsuit. In this situation, attorneys representing the parties involved in a crash present evidence and try to sway the court’s decision.
However, many motorcycle accident cases in Florida end up resolved outside of court. Your attorney may negotiate with the insurance company representing the at-fault party, working to establish liability.
If the insurance company agrees, representatives may offer a settlement. Your lawyer will assess this settlement to see if it covers your losses. Based on the funds offered, your lawyer may advise you to take the settlement without a lawsuit.
What if Someone Accuses You of Causing the Motorcycle Crash?
A lawyer can push back if the at-fault party tries to blame you for a collision. Your attorney can use evidence to dispute these claims, protecting your ability to secure compensation for all your economic and non-economic losses.
The professionals recommend that you avoid waiting to hire a lawyer after a motorcycle accident because the liable party and their insurance company may try to take advantage if you don’t have professional representation.
You can contact a law firm today to discuss your next steps and determine how liability is determined in a motorcycle accident case.
Click To ContactWhy is Liability Important After a Motorcycle Accident?
Liability determines who caused an accident and needs to pay for the losses associated with the crash. A lawyer can hold the liable party responsible for covering your:
- Current and future medical expenses
- Lost wages
- Diminished earning potential
- Property repairs
- Pain, emotional suffering, and mental anguish
Lawyers also track all losses after a collision so they know exactly how much compensation to request from the at-fault party.
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Can You Help Your Lawyer Determine Liability?
You may help with the investigation of your accident if you:
- Take pictures of the accident scene, your injuries, and damage to your property
- Get contact information from the at-fault party
- Get contact details from all eyewitnesses
Your lawyer may use this information to strengthen your claim for compensation. It’s also essential that you report the accident to the police and get medical care for any injuries you sustained in the crash.
How Long Do You Have to Determine Liability?
Your lawyer needs to establish liability before Florida’s personal injury statute of limitations expires. Therefore, you usually have two years, according to Fla. Stat. § 95.11(4).
After the statute of limitations expires, the court can dismiss your claim, regardless of who caused the crash and how much evidence of liability your lawyer can provide.
Speak to Us About How Liability Is Determined in Motorcycle Accident Cases
How is liability determined in motorcycle accident cases? Generally, a lawyer must investigate and collect evidence showing that someone else caused the crash to establish liability.
You can rely on our team at Viles & Beckman to investigate the causes of your crash immediately. We’re standing by to help with all aspects of your legal claim. Call or complete our online contact form to learn more.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
