The love for motorcycle increased among Californians over the years. Many people in California depend on motorcycles for their daily commuting. It became one of the most convenient ways for transportation in this place. You can see a large number of motorcycles on Californian roads all the time. As the number of motorcycles increased, the number of motorcycle accidents also went up.
If you have met with a motorcycle accident and the fault is on other person’s side, then you can claim compensation for the damages incurred because of the accident. A motorcycle accident attorney will help you to file a lawsuit in the court for getting the right compensation you deserve.
For claiming money you have to prove that the accident occurred because of other person’s fault. The person who caused an accident is liable to give compensation. So the first step in claiming money is to prove the liability of the person who caused the accident. There are certain factors that will effect proving the liability. The important things you have to consider for the same discussed below.
If motorcycle rider errors are present
Mistakes made by the riders are the major reason in case of most of the accidents. The common rider errors are over speeding, taking a curve recklessly etc. Another error is called slide-out, where a rider over brakes the motorcycle which makes him/her to fall of the vehicle. If such errors are present, then motorcyclist will be liable for the accident.
Presence of a witness
Witnesses are very important as they can give statements regarding the accident when a case is filed in the court. The witnesses should not have any vested interest on both parties, and can help to establish fault in the court.
Were road rules followed?
If the accident happened because of the negligence of traffic rules, then the person who is responsible for it will have the liability. If an accident occurred because of your fault then you cannot claim the money. Insurance companies will make enquiries to see that if the rider’s carelessness resulted in the accident or if there are any breaking of traffic rules occurred. If you disobey the laws and met with an accident, then you cannot claim money for the accident.
Proving liability is an important part in claiming money for a motorcycle accident. For you to get compensation, you have to prove that the other person is at fault. The factors given above are important while filing a claim, as they will affect proving the liability. Consider these factors before filing a lawsuit for a motorcycle accident to determine who is liable for the accident.