One of the most important elements of any personal injury claim is proving who was at fault. In motorcycle accident cases, this can be challenging. Insurance companies often try to paint motorcyclists as irresponsible or reckless in order to deny claims. The best accident attorneys know how to refute these claims and put together evidence to create solid arguments that prove who was at fault.
Evidence that Helps Prove Fault in Motorcycle Accident Cases
Proving fault in a motorcycle accident case is much like fitting the pieces of a puzzle together. It’s not just one piece of evidence that tells a story, but a combination of factors that build a strong case. Collecting relevant evidence in a timely manner is crucial, so if you are able to do this at the scene of the accident, you should.
Vital evidence that can help prove fault includes:
Photos and damaged motorcycle gear. Take photos of the scene, damage to vehicles, and your injuries. If there are any skid marks or traffic signs and signals, make sure to get those in the pictures. It’s also important to take pictures of your helmet, the gear you were wearing, and your damaged bike. Make sure to keep these items, unaltered, in a safe place after the accident. A local injury attorney may use an accident reconstructionist to help prove fault in motorcycle claims. Photos and physical evidence like damaged gear can be valuable tools that help them determine how a crash occurred.
Police reports. Always call 911 or local law enforcement after a motorcycle accident to ensure you get the medical care you need and to document what happened. Stay at the scene and speak to the police. If you can get a copy of the police report right there, make sure to do so. The report may contain important information such as statements from the other driver, witness statements, and the officer’s observations. Your attorney may also have responding officers testify in court if your case goes to trial.
Camera footage. Surveillance and traffic cameras can provide valuable proof of how an accident happened and who was at fault. Time is of the essence, as many businesses record over surveillance footage within a week or even a few days. Top car accident lawyers will take action to obtain this footage as soon as possible to help prove your case.
Witness statements. A person who witnessed an accident can help substantiate claims of who was at fault. Witness statements are often powerful pieces of evidence, so make sure to collect contact information at the scene, and if possible, ask for a written or recorded statement while the incident is fresh in their minds.
Your own journal. A diary can offer important details that may help prove your case. Pennsylvania personal injury lawyers often advise clients to keep a journal of the events that happened the day of the accident and document how they feel afterward. Try to write in your journal daily and keep track of your physical and mental condition, any pain you experience, how your injuries have affected your life, and keep track of medical appointments.