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April 22, 2019

Motorcycle Accident Help: What If a Driver Claims They Didn’t See You?

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Posted in Wisconsin Workers Compensation Related News

Personal Injury Attorney

Motorcycle accidents can be devastating. Most accidents result in serious injuries or damage to your bike. If you’re in an accident, who pays for it? What happens if the other driver claims he or she didn’t see you? In the cases where that happens, you still may be able to file a suit. You can determine fault in court if you have to.

Establishing Fault

The first step in a motorcycle accident investigation is to establish fault. If the other motorist was driving negligently, then they may still be at fault. For instance, if the driver was speeding or disobeying the rules of the road, then he or she may have to pay. Drivers cannot drive recklessly and then claim that they did not see the other motorist. No matter what, they would still be at fault. If by all accounts, the driver should have seen the motorcyclist, then there should be no question. You can file a lawsuit.


Now, if the motorcycle was negligent, on the other hand, the motorcyclist might lose a lawsuit. For instance, if it’s night and the motorcyclist was not wearing appropriate gear to alert the driver, then the driver of the car will have more of a case against the motorcycle. If it’s reasonable that the car didn’t see the other driver, then you can’t file a suit. If you were speeding and the car didn’t have a chance to see you before impact, then you may be liable.

Sometimes courts have to decide who is liable, especially in the case of a car accident with no clear person at fault. With motorcyclists, it’s important that you are visible at all times. If you didn’t follow the rules of the road to ensure drivers can see you, they can fight a suit by saying that they didn’t see you. However, if you did everything right, then there should be no reason that the driver can reasonably make the claim.

Many lawsuits are filed with one party telling one story and another telling a different one. Just because a driver claims that he or she didn’t see you doesn’t mean that they are not at fault. It comes down to whether or not the driver reasonably could have seen you and other circumstances. If you’re considering a lawsuit against another driver, it’s smart to have a lawyer in your corner. A personal injury attorney in Bristol, TN can make sure that you have all of the necessary documents to establish your case. For more information on motorcycle accident lawyers, contact one today.

Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury claims and motorcycle accident injuries.

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