Motorcycle accidents are common on American roads. The injury and fatality rates for these mishaps are high. The worst part is that proving the negligence of the other driver is daunting in these cases. Insurance companies try to impose the blame on motorcyclists. As a victim, you can do your best to provide more evidence that establishes the negligence of another driver or rider. It will enable you to get compensation for your medical expenses, pain and suffering, lost wages, and more. Here are the basics of establishing negligence and strengthening your motorcycle accident claim with robust evidence.
Establishing negligence
Proving liability in a motorcycle mishap is quite similar to the general process in other personal injury cases. You have to establish the basic elements of negligence to prove that another party was at fault. These include-
- Duty of care which is a legal obligation of a driver to take relevant steps to keep others on the road safe
- Breach of duty where they failed to fulfill the duty of care as a reasonable person would have done
- Causation that led to your accident and resulting injuries due to the breach of duty
- Damages sustained in the form of injuries leading to medical expenses, pain and suffering, and loss of wages
Different parties may be responsible for acting with negligence in motorcycle accident cases. These include motorists, truck drivers, vehicle or parts manufacturers, and government agencies. You have to establish these four elements of negligence to claim compensation from these parties as the case may be.
Evidence to prove negligence
You cannot prove the negligence of another driver or party by merely narrating the mishap and the woes that follow. Robust evidence is required to validate facts and add value to your claim. The best way to gather it is by getting into action right after the mishap. You may be injured, so collecting evidence from the accident spot may not be possible. But you can use the presence of mind and ask a bystander for help. Later, a loved one can help you gather and manage the evidence for the long run. You can collaborate with an attorney offering legal solutions for accident victims right away to get guidance regarding collecting robust evidence. Here is a list of the pieces of evidence you must pick to strengthen your claim.
Police reports
The police will arrive at the accident spot right after the accident to gather all information and prepare an official report. They investigate the cause of the crash and put everything on paper. The police report contains all the vital information that is enough to recreate the accident in court later. It includes-
- The weather and road conditions
- Estimated speeds of the motorcycle and the other vehicle
- Apparent injuries of all parties
- Possible causes and laws were broken that led to the crash
- License plate information
- Names and contact information of all parties involved
- Statements of witnesses
Photographs and videos
The photos and videos of the accident spot make solid evidence to consolidate your claim. Take as many photos and videos as possible. Try to include details such as the damage to your motorcycle and the other vehicle. Taking pictures of your injuries is important. Do not miss out on the skid marks, road debris, and road signs. Getting CCTV footage from nearby cameras is a good idea. You may ask a bystander to help you click pictures and shoot videos if you are too injured to manage it yourself. Visual evidence is crucial, so make sure you get everything you can.
Eyewitness statements
Experts recommend getting eyewitness contact information because they serve as priceless evidence for accident claims. You can ask them to share details and connect with them later when you need testimonies to establish the negligence of the other party in court. Your lawyer can use their statements as the mainstay of your case. Ideally, you must have neutral witnesses instead of the passengers in the other driver’s car or a person riding a pillion with you.
Motorcycle riders can expect to have a tough time proving their claim because insurance companies are often biased against them. They view these riders as reckless, dangerous, and negligent. They end up assuming the fault of riders without even digging deeper into the facts of the case. Robust evidence can be a real savior to get you out of the fix and win the maximum value of compensation for you. It is crucial to gather as much as possible and empower your attorney to win the claim.