by Douglas Black

Created on: January 02, 2009   Last Updated: January 09, 2009

Accidents happen. Logic and science have little or no reverence to dictate where or when one will happen, otherwise wouldn't the roads be completely safe? Sure, you might think taking every precaution will keep you from harms way, but the only certainty is the protection that comes before and after such an event.

The primary objective during a vehicle-crash investigation, whether or not a motorcycle was involved or not, is determining fault. Accidents in general are subjective to many factors when trying to ascertain the root cause. Fundamentals such as road condition, velocity or speed, and even weather can all be taken into account. Unlike cars, motorcycles are not equipped with an on-board black box, which are used to collect the vehicle's on-board computer data from just before an accident, up to the final point of impact. In the event a motorcycle accident involves a car or truck, the crash investigators can review the black box data, which can be used in the event they need to reconstruct the accident. The black box data can also be used during court, since it is considered admissible in a court of law.

During the course of any legal case, your lawyer will need to determine whether or not the police investigation report requires additional investigation. This is where it becomes primary to ensure all evidence is collected and preserved. The motorcycle and any parts collected act much like a blueprint that can sometimes prove or disprove a case. Paint transfer and specific types of damage can help determine what transpired during the event of the accident. Clothing, such as leather, boots and helmets also are detrimental during a motorcycle investigation. Disposing of this material after being released can severely hamper your ability to build a solid case in the event you decide to challenge a charge or seek restitution afterwards.

Another key to building a case is to document everything. Photos of the crash scene even after the accident can be helpful to prove your case. Recently with advent of digital recorders, it is now also possible to use video footage to show evidence such as road conditions, potholes, excessive gravel, and even patches of oil stains, which are all hazardous to riders. Gather a list of important key eyewitnesses, whom can either stand up on your behalf or provide written statements that can be used in court. Have a licensed mechanic properly inspect your motorcycle for mechanical failures that may have contributed to the accident.

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