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If you were involved in a motorcycle accident, you are likely facing serious injuries and damage to your bike. You shouldn’t need to pay for these expenses out of pocket if you didn’t cause the accident. But you need to show that another party was at fault in order to recover damages from them. 

Learn how to prove you are not at fault for a motorcycle accident. 

Understanding Washington’s Pure Comparative Negligence Policy for Fault Determination 

Before you begin gathering evidence to prove you were not at fault, understand Washington’s guidelines surrounding fault determination. The state follows a pure comparative negligence policy for motor vehicle accidents.

Under this policy, multiple parties can be found partially at fault for an accident and assigned a percentage of the fault. As long as you were not 100% responsible for your accident, you can seek damages from another party. However, your compensation would be reduced by your fault percentage. 

For example, imagine the insurance company assigns you 20% fault for the accident. You would be eligible to seek 80% of your damages from the other driver. 

These accident fault laws should give you peace of mind that you will still be eligible for compensation even if you share partial fault for the accident. It also highlights the necessity of proving that the other driver is 100% at fault if you want to recover full damages from them. 

How To Prove You Are Not At Fault for a Motorcycle Accident

If you want to prove you were not at fault for a motorcycle accident, you need to show that another party was. Follow these steps to build your case and prove the other party’s negligence in your accident. 

Preserve As Much Evidence As Possible 

Proving another party’s fault requires you to provide evidence showing that the other driver’s action or inaction directly led to the accident and your damages. However, much of this essential evidence disappears within hours or days after the crash. 

This is why it is important to take photos and videos of the accident scene before leaving it. After you leave the accident scene and the cleanup crews arrive, you will no longer have access to this essential evidence. 

Aside from taking photos of the scene, write down the contact information for any witnesses and request a police report. In the days after the accident, seek medical treatment and request copies of all medical documentation. This evidence of negligence will help you paint a picture of how the accident occurred and who was at fault. 

Review the Police Accident Report and Request Revisions, If Necessary

Request a copy of the police report for your accident and review it closely. Look for any inaccuracies that may point to your fault in the accident. Then, reach out to the officer who created it and request revisions, providing evidence of the error. 

For example, maybe the officer stated that you were riding without a helmet, but you actually did have a helmet on, yet took it off after the crash. This is important information that you want to be correct in the accident scene documentation. 

Seek Eyewitness Testimony 

If anyone witnessed the accident, reach out to them and ask if they would be willing to provide testimony to support your case. This can go a long way toward proving that the other driver was at fault, not you. 

Hire an Experienced Motorcycle Accident Attorney 

Finally, work with a professional motorcycle accident attorney who has experience navigating these types of cases in Washington.

At Max Meyers Law PLLC, we help motorcycle accident victims prove they are not at fault and seek the maximum compensation. Call us today at 425-970-9300 to schedule a consultation. 

 

FREQUENTLY ASKED QUESTIONS (FAQ): 

Q1: How does Washington State’s pure comparative negligence policy affect my motorcycle accident claim?

A1: Even if you’re partially at fault, you can still seek damages, but your compensation will be reduced by your percentage of fault.

Q2: What evidence should I gather at the scene of my motorcycle accident to prove fault?

A2: Take photos, videos, collect witness information, and request a police report. These help show what occurred and who was at fault.

Q3: Why is it important to review the police accident report after a motorcycle accident?

A3: Reviewing the report for inaccuracies and requesting corrections ensures the official record accurately reflects the accident’s details, which can impact your fault determination.