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.
Seeking well-established legal counsel with a great deal of experience handling motorcycle related cases is also very important if you want the best representation. First, motorcycles are governed by unique dynamics, and should never be compared to the same physics involving cars or trucks. This understanding of basic physics and evidence investigation can be contributory to reaching a fair settlement, or properly defending yourself during trial. A lack of understanding or having no motorcycle related experience is comparable to entering the courtroom with a blindfold.
Overall, a motorcycle crash can be a traumatic if not tragic event, which can have long-lasting impact to both the victim or victims and their family. Depending on the local law, it should be known that we have the legal right to seek legal counseling, or to engage in legal proceedings to defend ourselves. Keeping in mind, motorcycle riders must still drive with the utmost care and respect for the road, forgoing that they are subjecting themselves to the peril of riding nearly unprotected.
If you or a loved one is wrongfully accused or is suffering due to the fault of another, it is critical to involve legal counsel as soon as possible. Time is of the essence, and the longer an investigation gets neglected; the more difficult a case can be to handle. Know your rights and the laws surrounding motorcycles, and don't assume cars and motorcycles are governed the same rules. Another important thing to remember is these laws vary from one place to the next, and this is one of the many reason legal counsel can prove beneficial to protect your best interests.
No matter what the outcome after dealing with the legal system, it is also your right to challenge the end result. One of the most common mistakes made is not exercising your rights, even if you think you are the one at fault. As riders we must accept the perils we face each and every day on the road, but this same mentality doesn't have to stop the minute our bike hits the ground.