Unfortunately, vehicle and motorcycle collisions are common and the reasons may vary for the same, which is why determining fault in a road accident can be quite complex. You may think that deciphering the situation between a motorcycle and truck crash would seem quite easy, but it’s not that simple. There are a few factors to take into account when determining fault such as negligence, recklessness, faulty mechanics, and road conditions, especially since insurance companies and everyone else involved will try to bend the truth in their favor. But, before you take on the fight, it’s best to know exactly how the blame is placed in these cases to ensure that you’re not being taken advantage of. To simplify this, we have assembled this guide to explain how fault is typically determined in a motorcycle-truck accident.

Liable Parties

Before placing blame on anyone, identifying the liable party is paramount. More often than not, there is more than one party that’s legally responsible for the accident, and every party will try to prove that they should not be held liable. In any case, it’s best to consult a local lawyer who understands the state traffic laws (more on that below) and the police who will thoroughly assess the accident and damages.

In most cases, the parties who may be held liable for the crash will be the truck and motorcycle drivers, the government entity that hasn’t kept up with road maintenance to prevent hazards, manufacturers of the motorcycle, equipment as well as the repair and rental shops for faulty mechanics.

Police Reports

All accidents start with police reports. The police are usually the first on the scene to inspect the situation. Their reports are usually the most detailed and accurate descriptions of the crash as they will rummage through the evidence and analyze the whole scene thoroughly to ensure that they understand the timeline of events. Asking for a copy of the report is crucial in helping you build a case, prevent the other party from stretching the truth, and to receive a settlement as this report will list your and the other party’s actions in order to determine any negligence.

State Traffic Laws

By reviewing the state traffic laws, it can be easier to determine who is at fault. Most states’ laws resemble one another; however, it’s best to specifically review your state’s traffic laws to ensure accuracy. Consulting an attorney in your local area who specializes in these types of cases can provide you with everything you need to know regarding state laws. Plus, local lawyers will know the best course of action and will be well-versed in the state traffic laws.

For instance, there may be minor details that differ from LA traffic laws to Louisiana laws. If you’re in LA, a truck accident lawyer in Los Angeles will know how to build the best case to ensure compensation and fair treatment. Furthermore, a local lawyer will not only know the best way to proceed, but they can refer you to medical providers and other local specialists to ensure your well-being throughout the process.

Negligence

Lastly, the fault is determined based on a few factors that your attorney and the police will thoroughly assess, and you can only prevail in a compensation claim if you can prove who’s responsible. The responsibility will fall on the driver who breached their legal duty to drive and act cautiously and, as a result, their actions were careless enough to have caused the crash. You must be able to prove that any damages you incurred are a result of the at-fault party’s negligence. A medical report can clarify your injuries and help your case. Note that any failure to follow the road safety rules applied to driving and motorcycling will come into question when determining fault.

By understanding the state traffic laws, you may believe that there is no question as to who is responsible. However, you must always consider that there will be exceptions. For instance, if a truck has malfunctioning brake lights or the motorcycle engaged in a left-turn caused the collision, this can change who is at fault. All the steps prior to the crash will be evaluated. Therefore, you and the at-fault party’s driving will be considered, and witnesses may be called upon. It’s important to remember, whether you’re the truck or motorcycle driver, that you immediately seek legal advice following the accident to ensure a fair assessment of the collision and to ensure that your rights are not infringed upon based on an inaccurate report curated by the other party.