The Important Role Witnesses Play in Motorcycle Accident Cases
After a motorcycle accident, it can sometimes be hard to get the other party and their insurance company to pay what they should for your injuries. When you file a lawsuit, you must consider that you may be forced to go to trial. If your case does go to trial, and you are caught in a case of “I said, they said,” with a car driver, you will have a very difficult time getting compensation. Juries tend to perceive that motorcycle riders are aggressive, reckless, and unsafe drivers.
However, having a witness can change that. Your independent witness can tell what happened in detail from their perspective. This will help you prove your case to get the compensation you deserve.
The Burden of Proof Is on the Injured Party
When you are seeking compensation after a motorcycle accident, you must prove that the other party should pay you. To do this, you have to prove several aspects of the case:
- The other driver breached their duty to you
- Their breach was the cause of your accident and injuries
- The amount your injuries cost
In many lawsuits, you might first have to prove that the other party had a duty to you, but in Colorado, the law is that all drivers have a duty of care to one another to drive their vehicles in a safe manner. You still have to prove that the other driver in your accident drove in a way that violated their duty of care – they drove in a careless or reckless way. Then you need to prove that the accident was the result of their unsafe driving. Finally, you must prove the amount of your damages. This may be as simple as presenting a list of medical bills for past economic damages, but demonstrating the value of future economic damages and noneconomic damages can be more challenging.
Witnesses can help you prove all these items to get compensation for your injuries after a motorcycle accident.
When You Might Not Need Witnesses After a Motorcycle Accident
However, there are some cases where you might not need witnesses after a motorcycle accident, or, at least, their role will be severely diminished. These are cases where evidence exists to create a condition of “strict liability,” in which the other party is automatically responsible for injuries caused by their accidents. These circumstances occur when the other driver:
- Was convicted of reckless driving, speeding, or another strict liability crime
- Had a blood alcohol or breathalyzer test proving they were DUI
In these cases, you won’t have as much trouble proving that the other party should pay your medical and property damage bills. You might still have to fight to justify the amount of compensation, and witnesses could help with that.
Having Witnesses Can Compel a Settlement
Perhaps one of the most important roles that witnesses can play is in compelling the other driver or their insurance company to make a settlement. A driver might be willing to lie to the court and certainly their insurance company about what happened if they think it is only your word against theirs.
Once you reveal that you have witnesses, the driver may start to confess the truth of the situation. Even if they don’t, the insurance company will look at the testimony of witnesses as a major hurdle in taking the case to court, so they are more likely to want to settle.
Witnesses Can Reveal New Avenues of Evidence
Another valuable contribution of witnesses is to reveal things about the accident that you didn’t see. For example, the witness might have noticed that the other driver was looking at their phone, putting on makeup, or otherwise distracted at the time of the accident.
This new evidence can help build a stronger case for trial, or it can convince reluctant insurers to either increase their settlement offers or simply accept yours.
Expert Witnesses Can Make Details Clear for a Jury
If your motorcycle accident lawsuit goes to trial, witnesses can play even more important roles. Although we often think of witnesses as eyewitnesses, expert witnesses can also play an important role after your motorcycle accident.
Expert witnesses can reveal information about the circumstances of an accident by reconstructing how it happened from data. This can help the jury see how the other driver’s actions caused the accident.
Juries can sometimes be skeptical when you are asking for a lot of compensation for your injuries. Expert witnesses can make it clear why you are asking for this amount of money. They can explain the nature of your injuries, the required treatments, and the healing time necessary before you can go back to work.
Eyewitnesses Are Convincing to a Jury
Eyewitnesses still have an important role to play in a trial. Although eyewitnesses are notoriously unreliable, juries still find them convincing. That is, if your eyewitness comes off as:
- Impartial
- Consistent
- Attentive
- Stable
Your riding buddies or the other driver’s spouse don’t make good witnesses because there is an assumption of bias toward either you or the other driver. Instead, you need witnesses who are not loyal to either party in the lawsuit.
In addition, convincing witnesses consistently stick to their story and don’t change it under examination. Credible witnesses also show themselves as attentive to the scene. They notice and remember details. Finally, convincing witnesses can demonstrate that they have a firm grip on reality and that it’s likely that they are only saying the things they saw.
A Motorcycle Accident Attorney Can Help You Make the Most of Witness Testimony
Witnesses can make all the difference when you are trying to get compensation for your motorcycle accident injuries. A motorcycle accident attorney can help you utilize witnesses to help you get all the compensation you deserve after your motorcycle accident.
A motorcycle accident attorney can help you find witnesses by canvassing the scene or reviewing the police report. In addition, they can obtain subpoenas if necessary to compel reluctant witnesses to talk.
A motorcycle accident lawyer can also help coordinate expert testimony. They have connections to experts in the area who know accident reconstruction, medical costs, and other aspects of your case.
Choose Denver Motorcycle Accident Attorney Brian Pushchak
If you are trying to get compensation for injuries sustained in a motorcycle accident, Brian Pushchak can help. He is a specialized Denver motorcycle accident attorney: this is a primary area of his business, and he has helped many people get compensation after their motorcycle accidents using witness testimony.
In addition, when you work with the Pushchak Law, you will benefit from our unique Informed Decisions™ Approach focused on helping you get the best possible outcome to your case. With this approach, we will listen to the details of your case and your goals, then offer our expert advice on how to achieve them. We want to strive for an outcome that is in your best interest. You will also get our personal contact information so you can reach us at any time about your case. Plus, the case always remains yours – you have the final say in how we handle it.
To learn more about the benefits of working with Mr. Pushchak for your motorcycle accident case, please contact us today to schedule your free initial consultation. Pushchak Law serves clients in Denver and the surrounding areas of Colorado.
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