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The Role of Evidence in Motorcycle Injury Cases: What You Need to Know

Nothing feels as exhilarating as riding a motorcycle around Denver. However, along with that sense of freedom comes inherent dangers. Accidents can happen anytime and anywhere, leaving motorcyclists to deal with significant injuries and serious financial hardship.

Accurate evidence collection is critical for developing a strong case and ensuring that you get the compensation you deserve. This process entails meticulous documentation and an understanding of what convincing and pertinent evidence is.

When involved in a motorcycle accident, the process of proving fault and ensuring compensation can be complex. One of the most vital parts is collecting evidence. Accurately gathering evidence is critical for developing a solid case and ensuring that you receive the compensation you deserve. The best way to ensure you’re compensated for the full value of your claim is to gather evidence substantiating your case.

You may be able to get compensation for your injuries if a negligent motorist caused your accident. However, a Denver motorcycle accident attorney might have to battle their insurance company over their obligation to pay you even if you believe liability is obvious. This is where crucial evidence comes into play.

The Role of Evidence in a Motorcycle Accident

After a motorcycle accident, the main priority is usually getting medical attention. It is also a good idea to start collecting evidence as soon as you can. Having a winning case essentially hinges on the amount and quality of evidence you can present.

This evidence will be used to determine liability, verify the extent of your injuries, and calculate the damages you have endured. Without substantial evidence, even the most straightforward cases could get problematic, and the odds of getting compensated fairly decrease drastically.

The Significance of Maintenance Records

Records verifying the condition of all vehicles involved in the collision, including your motorcycle, are critical evidence that your attorney will want to get. Maintenance records assist in offering insight into mechanical reliability and eliminating possible alternative reasons for what caused the accident.

Documentation showing that the other motorist frequently maintained their vehicle and had good servicing performed makes it hard for them to argue that mechanical failures or defects were causing factors.

If their vehicle wasn’t well-maintained, that can imply it was possibly hazardous on the roadway. On the other hand, receipts indicating you received regular maintenance on your motorcycle help address any efforts to blame mechanical failure on your part.

In most cases, the person or party responsible for the motorcycle accident is liable for injuries. To prove liability, it is vital to collect evidence at the collision scene.

Insurance Denial

Gathering evidence after a motorcycle accident safeguards you from insurance company denial or allegations of fraud. Insurance companies are disbelieving when it comes to motorcycle accidents, and they might attempt to deny your claim.

Having solid evidence can stop a denial from occurring. If you wait to collect evidence, it might be difficult to gather it from the accident scene as it probably has been altered or even ruined by environmental elements.

Protecting Yourself in Court

Solid evidence can make your court case stronger and make it simpler for your lawyer to fight for you to get compensated for your injuries. Without having good evidence, you could miss the chance to have a successful case and get fair compensation.

This includes taking pictures of the damage to the vehicles involved, the incident location, and any injuries. Evidence from the accident lets you and your lawyer build a solid case for compensation for injuries.

Forms of Evidence in Motorcycle Injury Cases

Proving fault and the right to compensation necessitates evidence. Evidence comes in several forms. One solid piece of evidence won’t determine the exact outcome of a case. Instead, your case must include a collection of the evidence available to prove that another motorist caused the collision. While some evidence is a typical part of most personal injury claims, other evidence is distinct to the type of accident or specific circumstances. Common evidence used to establish fault in motorcycle accident cases include:

Witness Statements

Witness statements are crucial evidence in motorcycle accident cases. While witness information should be documented in the police report, officers might have failed to talk with every witness. Moreover, they don’t record witness statements.

Depending on law enforcement to completely document this information could result in missing statements from key witnesses that can’t be found in the future or can’t completely recall the events later. Record as much information as possible at the accident scene.

Based on the reliability of witness testimony, witnesses might be asked to provide depositions or testify at trial. Additionally, the victim might need to give a deposition testimony or testify at trial.

Some of the most helpful evidence in personal injury cases comes from treatment providers and experts in specific fields (i.e. accident reconstruction professionals, medical professionals, and economists). Character witnesses might testify as well, usually with the intent of explaining how the victim’s state of mind, daily life, and physical condition has changed due to the motorcycle accident.

Pictures

Take as many pictures of the motorcycle accident scene as possible. Take photos from every angle including:

• The place of actual impact and its surrounding spaces
• Damage to other vehicles and/or property
• Debris from the collision
• Traffic control signals and signage
• Surveillance cameras
• Road/street conditions
• The other motorist and any passengers
• Your injuries
• Your motorcycle

You should take videos and pictures with your cell phone camera right after the collision. If you are injured and can’t take the pictures, ask someone to take the photos for you so you don’t lose crucial evidence that can help establish the other driver’s negligence.

Police Report

You must contact the police at the scene of your motorcycle accident. A police officer will examine the cause of your collision and write a report that could have valuable information such as:

• Date, place, and time of your motorcycle accident
• Contact information for the other motorist and their insurance company
• Any traffic citations issued
• Officer’s findings on how the accident happened and who was at fault for causing it
• Statements from you, the at-fault driver, and eyewitnesses

You can also use this information as proof in order for the insurance adjuster to pay you.

Your Motorcycle and Clothing

You should keep your motorcycle and clothing in the same condition after your accident. The damage to your motorcycle can aid in proving the other driver’s negligence. Your tattered clothing or dented helmet could be solid evidence to present in court if your case goes to trial.

Documentation of Loss Wages

You have a right to receive compensation for any income you’ve lost from your job while off work recovering from your injuries. You will need documentation from your employer regarding your wages and benefits and your pay stubs to determine the amount of lost wages you should get in your settlement.

Medical Documentation

Thorough medical records documenting your treatment, and the progression of injuries sustained in the accident are vital for your case. Comprehensive records from all treating physicians, hospitals, rehabilitation facilities, and other healthcare providers help demonstrate the full extent of the injuries caused directly by the crash. This medical evidence improves our team’s ability to prove causation and refute any attempts to downplay the nature or severity of harm.

Ongoing documentation of prognosis and future treatment needs will also strengthen our ability to recover damages to compensate for all losses suffered as a result of another’s negligence. While establishing liability is important, awarding fair and complete compensation depends upon thorough proof of injuries and their long-term impacts. We will work diligently to obtain all relevant medical documentation to support the strongest possible outcome for your specific circumstances.

In addition to proving fault, the motorcyclist must also prove that they were harmed and that the harm occurred because of the accident. Upon hiring an attorney, either the letter of representation or a release form signed by you will allow them to request necessary information. Being open and honest with your attorney can assist him in gathering all the information needed to advocate on your behalf, resolve liens/outstanding bills, and put the maximum amount in your pocket.

Surveillance Camera Footage

The usage of surveillance camera footage has considerably increased in recent years. While surveillance attained from nearby businesses was once the main type of footage, there are now numerous other options such as:

• Railroad crossing
• Red-light camera footage
• Videos recorded on witnesses’ cell phones
• Bike-cams
• Dashboard camera

Choose an Experienced Motorcycle Accident Lawyer

Choosing an experienced motorcycle accident lawyer in Denver lets you concentrate on recovering from your accident while a knowledgeable legal professional handles your legal battle. At Lampert & Walsh, we represent those who have been injured by someone else’s actions. Call our office or fill out our online contact form to schedule a free consultation with a member of our team to find out how we can help you.