Following a motorcycle accident, determining fault is critical for recovering compensation. To determine who was to blame for the accident, a thorough investigation into the crash will need to be conducted. There will likely be multiple investigations into your accident from various parties with varying interests.
At Claggett, Sykes & Garza, we conduct our own investigation into the accidents of our clients to ensure we recover all available evidence that can help us build a strong case. Our team of experienced Glastonbury motorcycle accident lawyers is ready to begin investigating your accident today. Contact us to schedule a free case evaluation with someone from our team.
Several Parties Will Investigate a Motorcycle Accident
After a motorcycle accident, you can expect multiple parties to conduct investigations into the crash. The investigations into the crash are the primary method for determining fault. However, all the different investigating parties will have their own motivation for conducting their investigations.
To ensure your interests are protected during this process, it is critical that you secure the services of an experienced motorcycle accident attorney who will investigate the case with the aim of proving the fault of another party and collecting evidence to support your claim.
Police Investigation
The main aim of the police investigation will be to determine if any of the involved parties violated the law and bring criminal charges against the guilty party or issue them a driving citation. If this investigation shows that no party violated the law, the police will not look into the accident further.
If a crime was committed, the police will gather evidence to prove the violation and get a conviction. The evidence used in this investigation, along with the official accident report, can be used against the liable party in your civil lawsuit.
The Liable Party’s Legal Team
The legal team for the at-fault party will be using their investigation to attempt to prove that there were extenuating circumstances in the motorcycle accident case or that another party was truly at fault. Depending on the evidence they are able to recover, they may try to shift the blame onto the accident victim.
Alternatively, they could attempt to prove that a third party, like the vehicle manufacturer or the municipality in charge of the road where the accident occurred, was to blame for the crash.
The Liable Party’s Insurer
The insurance provider for the at-fault party will be looking for anything that can help them avoid paying out the claim. This could mean attempting to prove that the accident victim or another party was to blame for the crash.
However, the insurer may also attempt to prove that the actions of the at-fault party violated their insurance policy. If they can prove that the damages fall outside of their coverage limits, the liable party will be responsible for all damages, and the accident victim will have to attempt to recover compensation from the at-fault party directly rather than from their insurer.
The Accident Victim’s Legal Team
For the accident victim, you can expect your legal team to do everything in their power to establish the fault of another party. They will conduct a thorough investigation of your crash, including:
- Visiting the accident scene
- Taking photographs and denoting relevant details about the accident site
- Interviewing eyewitnesses
- Obtaining a copy of the official accident report
- Consulting expert witnesses
- Review your medical records related to any injuries you sustained in the motorcycle accident
Your attorney will work to collect evidence that proves your damages claim to ensure you recover the maximum compensation available from the at-fault party.
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Modified Comparative Negligence in Connecticut
When assessing fault after a motorcycle accident, Connecticut uses a modified comparative negligence rule. Under this rule, accident victims are still allowed to pursue compensation for their damages even if they shared in the fault for the accident. To qualify, you must be 50% or less to blame.
However, if you do share in the fault, the amount you can recover for your losses will be affected. The amount you can collect will be reduced by the percentage of fault you hold. For example, if you were 30% to blame for the accident, you would only be able to recover 70% of the value of your claim.
In this case, if you sustained damages valued at $100,000, the maximum compensation you would be eligible to collect would be $70,000.
Proving Fault Is Essential for Recovering Damages
You can’t begin to pursue compensation until you have determined who is to blame for your damages. Identifying the liable party is a critical first step when working to recover damages after a crash. The sooner your attorney can get to work investigating your accident, the easier it will be for them to collect evidence that proves the fault of the liable party.
Once fault has been established, your lawyer can complete all the necessary paperwork and file your compensation claim.
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Reach Out to an Experienced Motorcycle Accident Lawyer Today
Having an experienced lawyer by your side can make all the difference when attempting to recover damages after a crash. Attempting to prove fault on your own can be challenging, and even if successful, you will have a hard time recovering the full value of your claim. At Claggett, Sykes & Garza, we will work diligently to prove fault and get you the money you need.
As our name suggests, we are never afraid to take a case to trial to ensure our clients recover the money they deserve. Contact us today by phone or through our website to schedule a free case evaluation with a member of our legal team.
