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Legal information: Investigating a motorcycle accident

by Marc Phillippe Babineau

Created on: January 04, 2009   Last Updated: January 09, 2009

Motorcycles can be a very economical means of transportation, leaving a much smaller carbon footprint, offering less carbon emissions and less gas used over driving a vehicle. However, motorcycles also offer almost no protection to the rider. When a motorcyclist finds themselves in an accident, knowing the ins and outs of investigating a motorcycle accident can be the difference maker for getting proper insurance payments, or between winning and losing a civil lawsuit.

Owning a motorcycle comes carries some extra baggage, such as maintaining brakes, tires and other safety gear to exacting standards, helmets that fit well and are properly rated to the rider, carrying proper and sufficient insurance, and keeping a working camera on their bike at all times. Proper insurance would, of course, include un-insured/under-insured driver coverage, which covers the rider in the case of collisions with drivers who have no, or limited insurance. Helmets must fit perfectly and be properly rated in order to provide proper protection from brain injury in the case of accidents.

Motorcyclists must take initiative when involved in motor vehicle versus motorcycle accidents, especially when there are major damages incurred. If physically able, the rider should take pictures of all areas of the accident, all tire tread marks, the positioning of the vehicles, and extensive pictures of any damages to both vehicles and passengers alike. Witnesses should be gathered, and their contact information taken down, for use in case of there being no video coverage of the accident (traffic or red-light cameras, etc.).

If the motorcyclist was injured to the point of incapacitation, then legal counsel should be sought as soon as physically possible. A law firm would be able to find witnesses, camera coverage from traffic, parking or store security cameras, police reports and any other information to help the rider win maximum financial compensations.

Black boxes contain computerized information regarding every aspect of the vehicle, from brake pressure, gas pedal pressure, rate of speed, RPMs, fuel and fluid levels and lights, airbags, traction control or ABS activation. All aspects of the vehicle leading up to and including the moment of the accident are recorded within the black box, which are now mandated necessary equipment in all new cars. A police officer or legal counsel, investigating an accident, will access the black boxes and reconstruct the accident, for insurance claims purposes.

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