Without proving liability after a motorcycle crash in Montana, you cannot collect compensation. How can you make a strong enough case to clear your name of being at fault, though? Working with a Butte motorcycle accident lawyer can be helpful so you know you are putting the right evidence and documents together.
Make Sure You Have All Of Your Evidence Together
To prove the other party is at fault, you need sufficient evidence. This could include the following:
- Photos of the motorcycle accident scene, including photos of the damage at various angles, photos of any injuries and the other party’s vehicle, and any others worth sharing.
- Camera footage from any businesses or houses were around and could have picked up the accident.
- Witness statements from anyone nearby who could vouch for you and explain how the accident took place.
- The police report after the investigation is complete.
Can Two People Share Fault in Montana for a Motorcycle Accident?
You can share some fault of the motorcycle accident and still receive potential compensation. Montana has a comparative negligence rule. This means that each party can share some liability for the accident. If you hold partial fault, your compensation will be lowered.
Let’s say you were 30% at fault. This means you would only end up with 70% of the compensation. If you hold more than 50% of the fault, then you would likely not recover anything at all. This is why it is so important to build the strongest case possible. Even if you know that you did not hold all of the fault if you lack the evidence, your percentage of fault is going to go up.
Common Mistakes That Can Hurt Your Case When Proving Fault
It is helpful to be aware of mistakes along the way so you do not unintentionally weaken your case. Small mistakes can give the other party’s insurance the ability to deny your claim. Some common errors to watch out for are:
- Not checking the police report for accuracy or getting a copy for yourself. Police officers can make mistakes on the report and if you do not catch it, your side of the story could be at stake.
- Admitting fault or saying too much. It is easy to apologize even if you did not cause the accident because you are just being polite. Unfortunately, these words can be used against you wisely so it is best to talk as little as possible.
- Putting off medical attention or waiting too long to get checked out to make sure there are no underlying injuries. For example, you could have headaches after your accident but could be dealing with a severe concussion or brain bleed and not even know it. This could be harder to prove the longer you wait.
Everett Cook Law Can Help You Prove Fault in Your Motorcycle Accident Case
Putting together legal documentation and making sure you got everything correct can be stressful. Having a Butte motorcycle accident attorney by your side can make sure you are on the right track. Contact us to start with a consultation.