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Legal information: Investigating a motorcycle accident

by Marvin Double

Created on: January 06, 2009   Last Updated: January 09, 2009

70% of all motorcycle accidents occur when the cyclist's right of way is violated by another vehicle usually a car or truck. But those are just statistics.




Riders all know that in an accident, because they are more exposed, they are likely to get the worst of it. To add insult to injury they are also more likely to be unfairly blamed.




When police investigators process an accident scene they can only look at the physical evidence, such as damaged vehicles, skid marks, or other related damage to terrain, trees, light standards posts etc. They also rely on witness statements, either from those involved directly or others who simply saw the accident.




From these two sources they the police recreate the scene and the circumstances or actions which caused the accident. Even the best investigators can't always get every detail exactly right.




Because motorcycles don't carry a black box the events of the on site accident investigation may rely heavily on statements given by those involved or sometimes witnesses.

When witness statements don't agree it creates a difficult situation. However information collected becomes a matter of record in the official police report. This report can be difficult to correct if it is in anyway incomplete or inaccurate.




Some personal injury lawyers suggest that if possible getting your own photographs is important. Even photos taken by bystanders could be useful as part of your own independent record of the scene. The closer to the actual time of the accident the photos are taken the better.




The photographs should include things which will be relevant to your own point of view. That is to say they should help tell your side of the story. For example, was the pavement wet or dry? Were there obstacles in the road, dust, dirt or gravel on the surface? Was your view of an intersection obscured by trees, bushes a fence?




If the investigators failed to get the black box from a car or truck involved, it will be important to ensure that this information is collected.





The black box will contain specific data about the speed, throttle position and braking of a car or truck within the last few seconds before the crash. This data could be very useful if you wish or need to challenge aspects of the driver's statements or the official report.




It's important to carefully examine a copy of the police report for accuracy. If the report does not adequately explain the full circumstances of the accident additional investigation might be needed.




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