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Evidence In Motorcycle Accidents

November 30, 2017

Georgia Motorcycle Accident Attorneys Explain Who Is At Fault In Motorcycle Accidents

Montlick & Associates has handled thousands of accident cases. As a result of their experience—and their successes—Montlick & Associates' motorcycle crash attorneys understand how to maximize the values of our clients' cases. However, doing so can be more complex than merely piling up the victim's medical bills and lost wages. Rather, it begins with developing compelling evidence that the other driver was at fault.

How Does a Motorcycle Injury Attorney Pursue a Victim's case?

So, how does a motorcycle injury attorney show that the other driver was careless and caused the crash? It begins with a thorough investigation of the crash scene. On many occurrences, a motorcycle accident is fatal or, if the rider survives the accident, is seriously hurt. The responding law enforcement officers might call their department's accident reconstruction officer to help investigate.

Not all crashes require the expertise of a reconstruction officer, from a law enforcement perspective. They will need to use a crash reconstructionist if the person dies because there could be a criminal prosecution and the information will be needed in court for the prosecution. The investigating officers might call their department's accident reconstruction officer if the rider is in danger of dying, losing a limb, or suffered some catastrophic injury in the crash. Furthermore, the police might ask for assistance with reconstructing the crash if the police suspect someone of operating under the influence of alcohol or a drug.

On the other hand, not every crash needs to be investigated with an expert reconstructionist even if there is no threat of criminal charges. Determining fault might be relatively simple in some accidents; other wrecks might require more thorough analysis. Each case turns on the facts, including the objective evidence, such as the damage to the motorcycle as well as the other vehicle, the debris field, the distance the rider was thrown from the bike, if at all, the presence of skid and yaw marks, and other objective evidence.

Presenting a Strong Liability Case in a Georgia Motorcycle Accident Lawsuit

A significant component of presenting a strong case can involve determining if the someone caught the crash on video. The video could come from a dashboard camera of the car involved, a GoPro on the victim's helmet (assuming he or she wore one), a cellphone video, or surveillance video. Sometimes, you can find municipalities recording the traffic conditions at busy intersections or someone might have captured the crash on a cellphone camera. It happens all of the time.

The objective evidence described above can create a solid case for a person injured in a motorcycle accident. Relying on subjective evidence is a touchy proposition. Witness statements can also be significant to a case, but they can be difficult to believe on occasion. The reason for this is that witnesses sometimes have biases for or against another party, or there could be problems with their credibility. Shock, fear, anger, and other emotions can wreak havoc on a witness's memory and cause false perceptions.

The bottom line is that before there can be any discussion of how much money a settlement might be, a conscientious motorcycle accident lawyer should develop a clear theory of liability for the accident and the evidence to support that claim.

Put Our Law Firm's Over 39 Years Of Legal Experience To Work For Your Case!

If you have been injured in any type of accident caused by someone else's negligence, contact Montlick & Associates today for your free consultation with an experienced Motorcycle Accident Attorney in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 39 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

Your Time to File a Claim is Limited By Georgia Law

There are time limitations for bringing a claim. Be sure to read our "Georgia Statute of Limitations" page for more information about important deadlines that effect your ability to file an injury claim. We also provide a "A Guide to Personal Injury Law in Georgia" that will help you better understand the laws the affect your case.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333    

Category: Personal Injury

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.

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