How to Determine Fault in a Motorcycle Accident in Florida

January 21, 2022 | Uncategorized

A critical component in a motorcycle accident claim is determining who was at fault. The compensation a rider receives will depend on the strength of the evidence supporting that another party was to blame. If you do not have compelling and convincing evidence, it will be difficult to obtain an insurance settlement or court judgment.

Establishing that another party was at fault in a Florida motorcycle accident is often a challenging task. Defense attorneys, insurance adjusters, and at-fault drivers will try to shift the blame onto the motorcyclist. Newman Injury Law has the attorneys, staff, and resources to determine what happened and gather evidence to build a persuasive case.

When you or a loved one are hurt in a motorcycle crash, it is crucial to have our experienced Ft. Lauderdale motorcycle accident attorneys representing your interests. Unfortunately, motorcycle accidents usually result in serious injuries, meaning expensive medical treatment, lost income, and pain and suffering. If the crash was not your fault, you deserve to be financially compensated. Contact our law offices at (954) 800-7933 to schedule a free consultation.

Proving Negligence After a Florida Motorcycle Accident

As with nearly every personal injury claim, an injured motorcyclist must prove that another party’s conduct was negligent. While negligence might sound like carelessness or recklessness, it is a legal concept. To establish negligence, our Florida motorcycle accident lawyers will have to prove four elements.

Duty of Care

The first element that you must establish is that the other party owed you a duty of care. If your motorcycle was hit by another driver, then proving that a duty existed is relatively easy. In Florida, every motorist has a duty to operate their vehicle responsibly and safely. This means that they must obey traffic rules and keep their vehicle in a roadworthy condition.

Breach of Duty

Most accident claims hinge on the second element, breach of duty. Evidence must show that the other party acted in a manner that deviated from how a reasonable individual would have acted under the same or similar circumstances. For example, if a driver is sending a text, they are violating their duty to other motorists by driving while distracted. A reasonable person would know that this behavior is likely to result in an accident.


To establish negligence, you must demonstrate that the breach of duty caused your injuries. Proving this element requires collecting evidence to explain how the other party’s conduct caused your injury.


In addition to proving how the crash occurred, our Hollywood personal injury lawyers will have to provide evidence of your damages, including your medical expenses, lost income, and your pain and suffering.

If you are unable to prove all four elements of negligence, you will not be able to recover your financial losses.

Evidence to Establish Fault in a Florida Motorcycle Accident

Determining fault and establishing negligence in a motorcycle accident claim requires evidence. If you were hurt in a motorcycle wreck, it is critical to contact a Davie personal injury lawyer as soon as possible. Any delay could mean vital evidence is lost or unavailable.

Photos From the Accident Scene

If you are physically capable and have a working smartphone, you should take pictures of the accident scene. Photographs taken immediately after an accident could show the position of the vehicles, damage, skid marks, road conditions, and other important information that could be used to reconstruct the crash.

Pictures of your injuries are also compelling evidence. Keeping a visual log of your injuries and medical treatments could be helpful whether working with an insurance company or filing a case in court.

Police Report

If there are police officers at the scene of the accident, they will file an accident report. This report will contain vital information, including the names of the people involved in the accident, witnesses, traffic conditions, weather, types of injuries, and whether anyone was arrested or cited after the accident.


Statements from eyewitnesses could present persuasive evidence of what occurred. One of the reasons why you should contact our Hallandale Personal Injury attorneys immediately following a crash is so our office could get statements from any witnesses while the event is fresh in their minds.

Surveillance Video

Surveillance video of the accident could be very convincing evidence in establishing fault. If a home or business had a camera facing the crash scene, our office will have to send them a preservation letter as soon as possible so the footage is not erased. This is another reason why delaying contacting a Hialeah personal injury attorney could jeopardize your case.

Expert Opinions

Depending on the case, expert witnesses might be required to prove another party was at fault and to substantiate your damages. For instance, a medical expert could testify to the severity of your injuries and the type of treatments it requires. Some cases need a professional accident reconstructionist to determine what happened. Whatever your case needs, our office has the resources to find the appropriate expert.

Medical Records

Your medical treatment record will be the foundation of your compensation claim. Records from your physician, therapists, and any healthcare facility where your received treatment are essential in determining the extent of your injuries.

Document Your Financial Losses

Our Florida motorcycle accident attorneys will also gather documents related to your financial losses, including receipts, invoices, bank statements, pay stubs, and tax returns.

Our Florida Motorcycle Accident Attorneys Represent Your Interests

Many injured motorcyclists face an uphill battle after an accident. Insurance companies and defense attorneys will use a prejudice of recklessness against the rider while they struggle to overcome their injuries. Our Miami Personal Injury attorneys have the resources and knowledge to vigorously represent injured riders. Call Newman Injury Law at (954) 800-7933 to start building your case.

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