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How Do You Prove Liability for a Motorcycle Accident?

September 8, 2021 by Michael Waks

motorcycle rider

If you were seriously hurt in a motorcycle accident, you may be entitled to compensation for the damages you incur as a result of the crash. As long as someone else was to blame, you can file a third-party claim in pursuit of medical bills, lost income, property repairs or replacement, and other damages caused by the wreck.

For your claim to yield a payout, though, you’re going to have to present sufficient evidence of liability. While the kinds of evidence you’ll need will depend on the circumstances, at least a few of the following pieces of evidence will likely bolster your case:

1. The Accident Report

The officers who responded to the scene should have logged an official report. An exception, however, is that in Los Angeles, the LAPD may not prepare a Traffic Collision Report unless you or a passenger required an ambulance.

In addition to recording basic facts, like the date, time, and location of the wreck, the officers should have included their initial impressions of the scene in this document. If they had reason to believe the motorist who struck you was distracted or drowsy, for example, they will have noted as much in their report. Depending on the facts of the case, such statements may support your own version of events, assist your attorney in their investigation, and help you recover a fair settlement.

2. Photographs of the Scene

Accident reconstruction experts can often determine what happened in the moments leading up to a collision by evaluating images of the wreckage. As such, photographs of the scene could come in handy when it comes time to prove liability.

3. Video Footage

If the incident occurred in a fairly busy area, there’s a good chance it was recorded. Many passenger vehicles are equipped with dash cameras nowadays, so even if you don’t have a helmet cam, there could still be footage of the crash. It may have also been captured by surveillance cameras on buildings in the vicinity.

4. Eyewitness Deposition

Like the official police report, statements from eyewitnesses will not serve as irrefutable evidence of fault. They could, however, corroborate your own version of events.

5. Toxicology Results

If the motorist who struck you was under the influence of drugs or alcohol at the time, the results of any toxicology tests conducted at the scene or shortly thereafter could serve to bolster your case. A resourceful legal team can help you obtain copies of any available results as soon as possible.

Speak with a Long Beach Motorcycle Accident Attorney

Your Injuries Are Personal to Me

If you were struck by a reckless driver while riding your motorcycle, turn to the Law Office of Michael D. Waks for strategic legal counsel. Attorney Michael Waks has been representing accident victims and their loved ones for more than 38 years.

Get the knowledge, resources, and experience of a top-rated trial lawyer backing your claim. Call (562) 206-1939 or complete our Online Contact Form to schedule a free consultation with a motorcycle accident lawyer in Long Beach.

Download Our Car Accident Emergency .PDF


If you’re involved in any kind of collision, our printable Car Accident Emergency .PDF can serve as a handy guide for recording the scene. After downloading it HERE, stow one copy in your car’s glovebox and another in your motorcycle’s seat, so you’re ready for anything.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
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About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

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Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

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