Key Evidence Needed to Strengthen Your Motorcycle Accident Case
Key Takeaways: Strengthening a motorcycle accident case requires clear evidence to prove fault and document damages. Photos, video footage, police reports, eyewitness accounts, and accident reconstruction experts can establish liability, while medical records, wage documentation, and expert testimony show the full extent of injuries and financial losses. Working with a motorcycle accident lawyer ensures this critical evidence is gathered and presented effectively to maximize compensation.
If you’ve been injured in a motorcycle accident, proving the other driver was fully at fault for the crash will play a critical role in your ability to maximize the value of your compensation. Colorado is a comparative negligence state, which means your settlement will be reduced by the percentage of fault attributed to you. Insurance companies will often try to claim your actions contributed to the accident in order to reduce the amount of money they have to pay out on your claim. To prevent this from happening, you’ll need clear proof that the other driver was at fault.
Proving the other driver was at fault and demonstrating the full nature and extent of your injuries requires presenting evidence that supports your version of what happened. Juries are often biased against motorcycle riders, and the evidence you present will often have a significant impact on the outcome of your case. Gathering the following types of evidence will help you maximize the value of your compensation.
Critical Evidence to Prove Fault in a Motorcycle Accident Case
There are several different types of evidence that will play an important role in proving the other driver was at fault for the motorcycle accident. These include:
- Photos and video footage
- Police report
- Eyewitness testimony
- Accident reconstruction expert testimony
Photos and Video Footage
Visual evidence of the accident go a long way to proving who was at fault. Before leaving the accident scene, make sure to take photos of:
- The layout of the roadway, traffic signals and other road conditions
- Damage to your motorcycle and any other vehicles involved
- Positioning of the vehicles after the collision
- Skid marks, roadway debris or other indicators that demonstrate how the accident occurred
- Obstacles, construction work or other hazards that might have contributed to the accident
- Your injuries
If any witnesses captured video of the accident, this can provide powerful evidence to clearly demonstrate exactly what happened. In addition, if you have a helmet cam or a bike-mounted camera that captured video of the accident, this can provide important evidence to help you provide liability.
Police Report
It’s important to call the police and request an officer be dispatched to the accident. After assessing the evidence at the accident scene and talking to all parties involved, the officer will fill out a police report which can provide a critical piece of evidence supporting your version of what happened.
Police reports will contain a variety of information that can help you prove fault:
- Witness statements taken by officers at the scene
- Diagrams or drawings of the accident scene and damage to vehicles
- Statements from each party involved in the accident
- Any traffic citations issued to drivers involved
- The officer’s conclusion as to who was at fault
Eyewitness Testimony
Eyewitness statements and testimony can provide powerful evidence supporting your claim. These individuals saw the accident occur and can provide important insight into what happened. Witnesses can shed light on a variety of aspects of the accident, including road conditions, the events leading up to the collision, actions taken by each driver which may have contributed to the crash, and any injuries observed post-accident.
Always record the names and contact information of any witnesses prior to leaving the scene. In addition, it’s important for your motorcycle accident lawyer to follow up with each witness and gather their statements as soon as possible while their memories of the accident are still fresh and accurate.
Accident Reconstruction Expert Testimony
It’s common to work with accident reconstruction experts who can help confirm the other evidence provided by photos, witnesses, the police report and your own recollection of events. These experts will evaluate skid marks, photographs of vehicle positioning, damage to the vehicles and other markings on the pavement which can provide insight into the cause of the accident. Their analysis can help clarify important specifics such as:
- The angle and point of impact between vehicles
- Vehicle speeds and estimated impact speeds
- Whether road hazards, weather conditions or other obstacles contributed to the accident
Critical Evidence to Demonstrate the Extent of Your Financial Damages
Proving the other driver was at fault is only one component of achieving a successful outcome to your case. In order to maximize the value of your compensation, you’ll also need to demonstrate the total extent of your financial losses. The following types of evidence will help you accurately convey the seriousness of your injuries and the monetary costs you experienced:
- Medical records
- Lost wage documentation
- Medical expert witness testimony
Medical Records
Your medical records are the most important evidence you can provide to document the seriousness of your injuries and the costs you incurred for treatment. Make sure you gather the following information:
- Hospital admission and discharge records
- ER visits
- Diagnostic imaging such as x-rays and MRIs
- Doctor’s notes, diagnoses and other reports from your medical appointments
- Notes and records from physical therapy and occupational therapy appointments
- Records of treatments received
- Medical bills and invoices
- Prescription records
Lost Wage Documentation
Your financial costs often extend beyond medical bills. If you had to miss work while you recovered from your injuries, any lost wages incurred can also be recovered during your motorcycle accident lawsuit. To document these expenses, make sure to provide copies of your paystubs as well as documentation of lost sick and vacation time. If you missed out on bonuses, commissions or other job perks due to your injuries, make sure to provide documentation of these losses as well.
Medical Expert Witness Testimony
Motorcycle accident injuries are often severe, and it’s common to require long-term medical treatment that can continue long after your claim is settled. These expenses should be included in your damage award, and providing testimony from medical experts will play an important role in demonstrating the severity of your injuries.
Medical experts can review and analyze your medical records, diagnostic imaging and treatment recommendations to help establish the need for potential future treatments. They can discuss the ongoing care that may be required for you to make a full recovery. They can also help provide an estimate on the costs of any future treatment you may need. Medical expert witness testimony will help ensure these costs are accounted for in your settlement.
Pushchak Law Can Help
If you’ve been injured in a motorcycle accident caused by the negligence of another driver, it’s critical to work with an experienced attorney who can help you achieve a successful outcome to your case. At Pushchak Law, we can ensure your rights are protected throughout the process.
Brian Pushchak has made motorcycle accidents a primary focus of his practice. He knows how to gather the important evidence necessary to prove the other driver was at fault and demonstrate the true value of your financial losses. He also has extensive experience working with medical experts and accident reconstruction experts who can strengthen your case. This specialization will give you the edge you need when seeking to maximize the value of your compensation.
Mr. Pushchak has developed a unique Informed Decisions™ Approach focused on helping you achieve the best possible outcome to your case. This approach is designed to keep you in control of the entire process and ensure our legal team remains aligned with your goals. Mr. Pushchak will listen carefully to your story and discuss your goals for the case in detail. He’ll explain your legal rights and options in detail, and answer any questions you have to ensure you understand his recommended legal strategy. Ultimately, you will have the final say on how we handle your case, ensuring your wishes and interests remain front and center.
Contact us today to schedule a free consultation. Pushchak Law serves clients in Denver and the surrounding areas of Colorado.
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