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What Happens in a Motorcycle Accident If They Say It’s Your Fault?

September 5, 2017

Motorcycle accidents are altogether too common, and they also happen to cause more injuries than traditional car accidents, considering at least one motorist is on the outside of their vehicle. While most incidents happen because the person driving the car or truck doesn’t see the motorcyclist, many of those people will try to say the motorcycle accident is the fault of the person on the motorcycle.

So, what happens when they say the accident is the motorcyclist’s fault, and what can you do to try to win your case?

What If Someone Says the Motorcycle Accident Was Your Fault?

Motorcycle accidents often make their way into the courts, as two people dispute who was at fault. But many cases are also solved out of court as one side makes a settlement with the other.

Be Careful of What You Say

During any case and any investigation into the accident, all parties will be citing things said and done during and immediately after the accident. With that in mind, it’s very important you are mindful of any statements you make – either to witnesses, the other motorist, insurance adjusters or the police. For the sake of your own good, no matter who you believe to be at fault, you should not admit fault. Remember that an accident is traumatic and can often alter what we believe to have happened. You might think you did or didn’t do something, while witnesses and the evidence clearly point out what really did happen.

How Your Insurance Works

First, are you in a no-fault state? These are a state where it doesn’t really matter who was at fault, as long as the accident was a minor one. No-fault states include Florida, Hawaii, Kansas, Kentucky, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah and Washington, D.C.

Second, once you’re confident everyone is safe or tended to, call your insurance company as soon as possible, with as much information as you can gather: police report number, police officer’s name and badge number, as well as the other person’s insurance information. You also want to make an earnest attempt to get the contact information of any of the witnesses. Your phone call is likely being recorded.

Review the Insurance Company’s Accident Report

If you think you are being wrongly assigned fault in the insurance company’s accident report, then you should appeal that decision by filing an objection and ask for a re-assessment. Getting a quality motorcycle accident lawyer on your side is nearly as important as having everything in the insurance report correct. Get someone on your side, since you know the insurance company is mostly concerned with their side of the case.

Fears Nachawati is an experienced Fort Worth motorcycle accident law firm that can help defend you if someone says the motorcycle accident was your fault. Visit them in their Fort Worth offices on Main Street, or you can call them at (817) 230-4750. They have offices spread across Texas, including Austin, Dallas, Houston and San Antonio. They also have offices in Denver and Tampa.


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