As always, it depends on whether someone else was at fault. For most accidents, that depends upon which driver was negligent in their actions. Some accidents result from manufacturer liability because of a defective product, or from the outside actions of a third party not directly involved in the accident.
In most accidents, though, the finding of fault rests on the negligence of one of the drivers. This is just as true in car-bike accidents as it is in traffic accidents involving motor vehicles. The police—and you should always call the police and wait until they arrive—will take what evidence they can. This can include witness statements, physical evidence at the scene as well as other evidence such as traffic or security camera footage. The police might or might not issue a traffic citation. If the other driver receives a citation and you do not, that works heavily in your favor, although it is not the final word.
The insurance companies involved also will investigate, and their investigation often is more thorough than that conducted by the police, especially in cases where fault is not immediately clear. Ultimately, it is possible that in cases where the parties dispute fault, a court will decide.
Because of this, it is a good idea to get a lawyer on your side early in the process to protect your interests and try to obtain the best result possible for you. Even before you hire an attorney, when speaking to the police or insurance companies—even your own—do not make any statements indicating the accident was your fault in any way. Stick strictly to the facts you observe. Don’t speculate. Then get an attorney as soon as possible.
