Posted by: Bill Robison
August 06, 2009
Topic: Motorcycle Collisions Presumption of Fault by Bikers

In earlier blogs I pointed out the need for a careful investigation of even the most clear cut cases. Two of the most popular defenses are avoidability and deception. One aspect of deception is the claim that the motorcycle did not have operational lighting.

We had the officer take the light bulbs from the motorcycle so an examination could be made to determine if the hedlight was more likely on than off at the time of the collision. A lighted filiment will withstand impact and remain intact. The fact that a light still works after a crash is strong evidence that the defense claim is false. The attached photograph shows a bulb with an intact filiment. Disappointed by this disproof of the defendant's claim that the motorcycle headlamp was not lit the defense went on to make two other claims. Those will be covered in a future post.

Attachments:
MVC-535F.JPG

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