Typically, an injured motorcycle rider would want to get compensated for his or her injuries. Who should provide that compensation? The answer to that question needs to emerge from an investigation.
Why investigate the site of a motorcycle accident?
The evidence collected by the investigators helps to determine who should be held responsible for that particular incident. The identity of the person that should shoulder the liability allows for identification of the defendant, the person that must cover the cost for any losses or injuries.
Tasks performed by investigators, while at the accident site:
• Look for evidence of skid marks
• Check for damage to one or more road signs
• Study the traffic patterns in the area
• Study the road conditions in the area
If the damaged vehicles have not been moved off of the investigated site, those same vehicles should be examined at this time. The extent of damage on either vehicle should indicate the vehicle’s speed at the time of the collision. In addition, such an examination could reveal the presence of any defect on either vehicle. Go to any businesses, restaurants or parking lots in the area, in hopes of finding a video camera that was focused on the site of the collision. Personal injury lawyer in Carlsbad will ask to view the video footage.
Tasks performed by investigators, after visiting the site of the collision
• Speak with any witnesses
• Obtain a copy of the police report
• Get the phone records for the motorist. Those records should show whether or not that same motorist had become distracted by a phone call during the time of the accident.
• Obtain the medical records for the injured rider, so that a determination can be made of the extent of that same rider’s losses.
• Obtain the employment records, if any, for the injured party (motorcycle rider). Learn the extent of any wage loss, as caused by the need to recover at home, or in the hospital.
Who might be held responsible for compensating the injured party?
The evidence might offer proof of the motorist’s liability. In that case, the motorist’s insurance company would become charged with negotiating a settlement, unless the motorcycle rider chose to initiate a lawsuit.
If the investigators found any defect in one of the damaged vehicles, then the company that made or sold that same vehicle could be held liable for the rider’s injuries. Of course, the defect would need to be one that could be linked to at least one injury.
If there was a problem with the road conditions or with any traffic light, then the municipality that maintained the road and lights might be held liable for the motorcycle rider’s injuries. That assumes that the municipality was aware of the problem.