Injuries that arise from motorcycle accidents often result in serious medical complications and complicated liability issues. Because motorcyclists are particularly vulnerable on the road, they often incur more substantial medical bills, experience longer recovery times, and sometimes face more contested claims in determining liability.
Riders and injured parties must obtain the right evidence to substantiate their claim. If you are ever involved in a motorcycle accident, knowing the common evidence that is examined can greatly assist you in recovering your damages. That’s why it’s essential to work with an attorney who specializes in motorcycle accident lawsuits. Below are 10 commonly examined evidence of the events following a motorcycle accident.
1. Pictures and Videos of the Scene
Visual evidence is one of the most persuasive forms of documentation when dealing with an accident after it happens. Pictures of the crash scene, the motorcycle’s damage, the damage to any other vehicles, the road surface and conditions, traffic signals, and evidence of any injuries can collectively shed much light on what happened.
2. Police Report
A police report, if applicable, is likely generated at the incident scene. The report will include the officer’s observations and the witnesses or drivers’ statements. The report may also indicate if any citations were issued. Insurance companies typically place a lot of weight on the police report when determining liability in an accident. The officer’s report may even state his or her opinion on who was at fault or responsible for the collision, which can affect the outcome of the automobile accident claim process.
3. Eyewitness Accounts
Statements from eyewitnesses or other motorists who observed the accident can lend their objectivity to what transpired. Eyewitnesses can see things you may not have seen, including a distracted driver, a red-light violation, or erratic swerves. They can corroborate your account of the crash or provide information to supplement your memory gaps if you suffered an injury and were disoriented at the time.
4. Medical Records
Your medical records perform a dual function. They will provide a report on both your injuries sustained from this motorcycle accident and an association of those injuries to the motorcycle accident. These records may involve an emergency room visit, diagnostic imaging, surgery, prescription medications, and follow-up physical therapy.
5. Condition of Helmet and Gear
What you wore during the crash matters when looking at motorcycle accidents. Your helmet, gloves, jacket, and boots can all be looked at to help determine the force of the impact and if your safety gear worked properly and came into play. For instance, if the helmet had a crack, that might indicate a high impact and assist in establishing the impact and the compensable character of the event.
6. Motorcycle Damage
Your motorcycle could tell a lot about the how of the crash through the damage to the motorcycle. Investigators may consider the impact points, how bent the frame is, broken lights, etc. In some instances, even mechanical experts may evaluate how damage to the motorcycle was a factor in the crash. You should take showroom photos and obtain repair estimates as supporting evidence of your claim.
7. Driver Statements
The statements of the drivers involved—both at the scene and after the fact—are examined closely. Anything that is said in the heat of the moment could be evidence. If the other driver admits fault or states, “I didn’t see you,” it could be used in your favor. It is suggested that your statements should be limited at the scene and have facts speak for themselves through the evidence.
8. Cell Phone Records
Investigators may ask for the other driver’s cell phone records if distracted driving is suspected. These records may confirm that they were texting, calling, or using GPS during the crash. Distracted driving is a big factor in motorcycle collisions, and this type of digital information can turn the whole case around in establishing negligence.
9. Accident Reconstruction Reports
Certain professionals may reconstruct the accident in a serious case or a case involving a dispute. Reconstruction is a scientific process that uses evidence, such as skid marks, vehicle damage and GPS data, to recreate how the accident likely occurred. While not every accident will require reconstruction, reports can be very useful in explaining detailed situations that may arise, such as speeding and changing lanes inappropriately. Accident reconstruction reports are particularly beneficial in court and for high-exposure insurance claims.
10. Traffic and Surveillance Video
Traffic cameras in the vicinity, business surveillance cameras or doorbell cams can be sources of live video evidence of the accident. Video evidence is trustworthy and can elicit truthful facts about speed, signal changes and fault. When on the scene, always keep an eye out for cameras and ask nearby businesses and residents if they can check their camera systems; just note that video evidence can easily be overwritten after a few days, depending on the make/model of the camera.
Final Thoughts
The type and quantity of evidence found can affect the success of a motorcycle accident claim. Obtaining and preserving evidence could mean the difference between a claim going through or getting a fair settlement. Some types of evidence can be collected independently, while others (e.g., video recordings and call records) require the court’s help to obtain legally.
