Q

I was sideswiped by an SUV while out riding my motorcycle, and wound up in the hospital for a week. Later, I learned that the other driver claimed I was driving aggressively and was therefore responsible for the accident, which isn’t true. What can I do?

A

Well, the first thing you need to do is to hire an aggressive personal injury attorney who will investigate the details of your accident and determine exactly where the fault lay. That SUV driver is using a tried-and-true technique: since so many people assume that bikers are reckless, antisocial hooligans, he has nothing to lose by claiming that you were flouting the rules of the road and helped precipitate your own injuries. If he shouts loud and long enough, he may even be able to convince a judge, jury, or insurance adjuster that he was not to blame for the accident, and therefore does not have to pay for your medical bills.

In this situation, a police report—and the testimony of other drivers—can be your best friend. When the police arrive on the scene, they will survey the crash debris, interview the parties involved, and come to their own preliminary conclusions about who was at fault (and, if necessary, issue a ticket to one or both parties for reckless driving). If the police report places responsibility for the accident on the driver of the SUV, that makes your personal injury lawsuit stronger. Even if the police claim that you contributed to the accident (say, by speeding), your lawyer can examine their evidence, depose witnesses, and potentially demolish that story in court.

If you have been injured in a motorcycle accident, you need to make sure that your medical bills and time off from work are covered by the responsible party. Want to learn more? Contact the Rockford motorcycle accident attorneys at The Fisk & Monteleone Law Firm (888-716-7336) for a free consultation today!