To prove fault in a motorcycle accident, you need evidence that establishes the other party was negligent.
This typically includes the official police report, photographs and videos of the scene and vehicle damage, statements from anyone who witnessed the crash, and your own medical records.
Proving fault is rarely straightforward, as insurance companies will conduct their own investigation to determine liability, and biases against motorcyclists may place an unfair amount of blame on the rider.If you have questions about the evidence in your motorcycle accident case, call the Kurtz Riley Law Group at (623) 303-5754.
The Four Pillars of Evidence: What You Need to Build Your Case
Pillar 1: The Official Record
This official record provides an initial account of the accident.
This is the first piece of evidence an insurance adjuster will look at. It’s the formal summary of the officer's on-scene investigation. We will obtain the official report and analyze it for key details: any citations that were issued, the officer's written narrative of how the crash likely occurred, diagrams of the final resting positions of the vehicles, and any initial statements recorded from the parties and witnesses involved.
A police report isn't the final word on who is at fault, but it carries significant weight in the early stages of a claim. A citation for a clear traffic violation, like running a red light or making an illegal U-turn, is an indicator of another party's negligence.
Pillar 2: Visual Documentation
The second pillar consists of any visual evidence that captures the scene and the results of the collision.
Photographs and Videos
We look for specific details within these images that help tell the story of the crash dynamic:
- Vehicle Damage: The location and severity of damage to your motorcycle and the other vehicle can help accident reconstructionists determine the points of impact, the angle of the collision, and the force involved.
- Skid Marks and Debris: The length, direction, and curvature of skid marks help establish the path of the vehicles and can be used to calculate speeds before impact. The location of broken glass, plastic fragments, and other debris shows where the collision likely occurred on the roadway.
- Road Conditions and Signage: Photos of potholes, faded lane markings, overgrown foliage obscuring a stop sign, or anything else about the environment that might have contributed to the crash can be important.
Surveillance and Dashcam Footage
We will conduct an investigation to determine if nearby businesses with security cameras, city-operated traffic cameras, or even the other driver's own dashcam might have recorded the incident.
Pillar 3: Human Accounts
The third pillar is built from the recollections of the people who were there or saw what happened.
Witness Statements
Their testimony could corroborate your version of events and counter any inaccurate statements from the other driver. We reach out to anyone listed on the police report or that you identified at the scene to get their detailed recollection of events before memories fade.
Your Own Recollection
As soon as you are able, document everything you remember. Write down the sequence of events, what you saw and heard, and any specific conversations you had with the other driver or first responders. This detailed account helps create a consistent record and can be a valuable resource for you and your legal team as the case progresses.
Pillar 4: The Medical Story
The final pillar is the evidence of the physical and financial toll the accident took on you. This is documented primarily through your medical records.
Medical Records
Your medical records are the primary evidence of your injuries. They create a direct, documented link between the accident and the harm you suffered. These records detail your diagnosis, the treatment you received, and the professional opinion of your doctors regarding your prognosis. Seek medical attention promptly after an accident and follow all treatment plans prescribed by your healthcare providers.
Gaps in treatment or long delays in seeking care can be used by an insurance company to argue that the crash did not cause your injuries or are not as severe as you claim. Consistent medical documentation tells a clear and undeniable story of your journey to recovery.
How Arizona’s "Pure Comparative Fault" Law Changes Everything
What is Arizona’s Rule on Shared Fault?
Arizona follows a legal doctrine known as "pure comparative fault." This rule is laid out in Arizona Revised Statute § 12-2505. Simply put, this law means you can still recover financial compensation for your injuries even if you are found partially at fault for the accident. In theory, you could be found 99% responsible for a crash and still have the right to recover 1% of your damages.
This system is different from that in some other states, where being 50% or 51% at fault would prevent you from recovering any compensation at all.
Why Does This Put a Target on Your Back?
Because of Arizona's pure comparative fault rule, the other driver's insurance company has a direct financial incentive to shift as much blame as possible onto you, the motorcyclist. Every percentage point of fault they assign to you reduces the amount they have to pay.
Insurance adjusters will scrutinize every piece of evidence looking for anything they can use to build this argument. Common arguments used against motorcyclists include claims of speeding, unsafe lane changes, weaving through traffic, or simply being "hard to see." These arguments play on unfair biases against riders.
How Do We Counter These Tactics?
Our role is to build a case with strong, clear evidence that minimizes any fault that is unjustly placed on you.
By using accident reconstruction, analyzing the points of impact on the vehicles, and securing powerful witness statements, we proactively defend against these blame-shifting strategies. We also handle all communications with the insurance adjuster. This prevents them from asking leading questions or using your own words against you in an attempt to get you to accidentally admit some level of fault.
Uncovering Hidden Evidence: How a Law Firm Investigates Your Case
While the police report, scene photographs, and initial witness statements form the foundation of a case, a truly thorough investigation might uncover evidence that isn't immediately apparent.
Going Beyond the Obvious
Many pieces of valuable evidence are not readily available to the public. They may be in the possession of the other driver, a private company, or stored electronically. Accessing this information frequently requires formal legal requests, preservation letters to prevent its destruction, and, in some cases, subpoenas.
What Kind of "Hidden" Evidence Are There?
- Electronic Data Recorders (EDRs): Many modern cars and trucks are equipped with an "event data recorder," which functions much like an airplane's black box. This device records technical vehicle information for a few seconds before, during, and after a crash. We can send a spoliation letter to the vehicle owner and their insurance company, legally demanding that they preserve this data. The EDR provides objective information about the vehicle's speed, whether the brakes were applied, steering wheel angle, and throttle position in the critical seconds before impact.
- Cell Phone Records: If there is a suspicion that the other driver was texting or talking on the phone, their cell phone records can be requested. The timestamps on calls, texts, and data usage can be compared to the time of the accident as listed on the police report. This provides circumstantial evidence of distracted driving.
- Accident Reconstructionists: Wwe may work with accident reconstructionists. These professionals, with backgrounds in engineering or law enforcement, use physics, mathematics, and specialized software to recreate the accident. They analyze all the available evidence—from the vehicle damage and debris fields to the skid marks and EDR data—to provide an expert opinion on factors like speed, collision angles, and reaction times.
- Helmet and Riding Gear Analysis: The physical damage to your helmet, jacket, boots, and gloves can also tell a story. Scrapes, impacts, and tears provide physical proof of the points of impact and the forces you were subjected to during the crash.
Frequently Asked Questions About What Kind of Evidence Helps Prove Fault in a Motorcycle Accident
How long do I have to file a motorcycle accident claim in Arizona?
In most personal injury cases, Arizona law gives you two years from the date of the accident to file a lawsuit. However, a much shorter and stricter deadline applies if a government entity is involved. If your accident involved a city bus, a state-owned vehicle, or any public employee, you must file a formal Notice of Claim within just 180 days of the accident. Failing to meet this deadline will bar you from recovering compensation.
I was lane filtering when the accident happened. Do I still have a case?
Probably. Lane filtering became legal in Arizona in 2022 under specific conditions. According to Arizona Revised Statute § 28-903, you are permitted to filter between lanes of stopped traffic if: the road's posted speed limit is 45 mph or less, the traffic you are moving between is stopped, and your motorcycle is not traveling faster than 15 mph. As long as you were operating within these legal parameters, the act of lane filtering itself does not make you at fault.
What if I don't have any photos from the scene?
While photos you take yourself at the scene are very helpful, they are not the only form of visual evidence. We can use other resources to understand the accident location and circumstances. The police report may contain photos, and we can request copies of any pictures taken by the other driver or witnesses. Furthermore, we may use tools like Google Street View to get a clear image of the intersection, signage, and road layout.
The other driver’s insurance company wants a recorded statement. Should I give one?
It is generally not in your best interest to provide a recorded statement to the other party's insurance company without first consulting with a motorcycle accident attorney. Insurance adjusters are trained professionals whose goal is to resolve the claim for the lowest amount possible. They may ask carefully worded questions designed to get you to say something that could be interpreted as an admission of partial fault. We can handle these communications on your behalf to protect your rights.
What if there were no witnesses to my accident?
Many accidents, especially those involving motorcycles, happen in a split second and without any independent witnesses. In these situations, the physical evidence becomes even more important. The location and type of damage on the vehicles, the data from an EDR, and the analysis of an accident reconstructionist can all be used to scientifically prove what happened and who was at fault.
Let Us Build Your Case
The evidence needed to prove fault exists, and our team at Kurtz Riley Law Group knows how to find it, preserve it, and present it effectively. We are prepared to handle the investigation, allowing you to focus on what is most important: your physical and emotional recovery.Valuable evidence disappears over time, so it's important to act.
Call the Kurtz Riley Law Group today for a free consultation to discuss your case. We are here to help you pursue the maximum compensation the law allows. Contact us at (623) 303-5754.
Kurtz Riley Injury Lawyers - Scottsdale Office
10609 Hayden Rd Suite 106
Scottsdale, AZ 85260
(623) 303-5754