A Georgia Legal Guide to How Evidence Can Strengthen Your Motorcycle Accident Case

Key Points:

• It is important to gather your evidence as quickly as possible after your motorcycle accident. The longer evidence goes without being collected, the more likely it will be difficult to find later.
• Key evidence includes witness statements, 911 calls, police reports, photographs and videos from the scene, as well as medical records that explain the extent of your injuries.
• You can recover compensation from medical bills, lost wages due to an inability to work, and pain and suffering.

Table of Contents

How Evidence Influences the Outcome of Your Motorcycle Accident Case

After suffering a motorcycle accident in Georgia, your top priority should be on recovering from the incident. As you are healing, it’s natural to think about the long-term effects of your injury, especially as medical bills pile up. On top of that, you may find yourself unable to work. To ensure you are compensated fairly for everything you have gone through, you will need to start thinking about building your claim against the at-fault party from the accident.

Collecting evidence is a critical piece of building your claim, but handling this task on your own can feel overwhelming. The at-fault driver or their insurance company can resist accepting responsibility and might even attempt to shift the blame onto you. This is why it’s so important to seek help from a personal injury attorney, like those at The Millar Law Firm, who specialize in this area of law. An attorney can assist in quickly collecting and preserving as much evidence as possible to increase your chances of getting full compensation for your claim.

Using Evidence to Win a Georgia Motorcycle Accident Case

Collecting evidence is tedious but a very important component of a claim. Under Georgia law, the victim and their legal team will have the burden of proof in a civil liability claim. Strong evidence will document your injuries, help prove negligence, and help calculate your losses, including medical bills, lost wages, and pain and suffering. If you do not have strong evidence, it can be tough to prove that you are owed anything.

This process is made more complex by Georgia’s Comparative Negligence Rule. The modified comparative negligence rule, which is outlined in O.C.G.A. § 51-12-33, states that you can recover damages if you are less than 50% at fault for the accident. But, if you are found 50% or more at fault, you won’t receive any compensation. For example, let’s say you are shown to receive compensation, but the court determines that you are 20% at fault. This means that you will receive compensation, but it will be reduced by 20% from the amount owed.

Having a seasoned personal injury lawyer by your side will help tremendously in understanding these complexities and finding the right evidence to back up your claim.

The Key Types of Evidence in a Motorcycle Accident Case

When it comes to evidence, it’s important to familiarize yourself with the types of evidence you have to produce to back up the claim. You should start collecting all of the evidence you can as soon as possible, as you may not always know what type of evidence will be most important based on the nature of your case. Since some physical evidence may change over time, quickly documenting your injuries as well as the scene of the accident is key to ensuring the evidence is preserved.

Photographic evidence will capture the accident scene, injuries, and road conditions, while video evidence from things like dashcams or surveillance footage can be leveraged to see what the accident looked like in real time. Your personal injury attorney can also help ensure you have footage from traffic cameras, nearby businesses as well as any other nearby recording devices to use as evidence. In a motorcycle accident, it will also be important to capture skid marks on the road, damage to any protective gear, and the condition of your motorcycle post-accident.

Police reports and 911 calls are important pieces of evidence, as they provide an official account of the accident. They may include items like witness statements and might touch on initial fault. Witness statements include eyewitness accounts that can offer up an unbiased view of how the accident happened. You will also want to be sure to keep track of all lost wages due to your inability to work, as well as medical bills, which will help prove the extent of your injuries and the care needed to heal.

How Does Motorcycle Evidence Differ from Car Accident Evidence?

After your motorcycle accident, you might be wondering how the evidence would differ between your experience and a car accident. While there are certainly similarities, motorcycle accidents usually involve more unique circumstances. Showing evidence such as helmets and thick motorcycle jackets can demonstrate the severity of the impact, while also showing your compliance with safety regulations. Motorcycles can also be more susceptible to hazards such as potholes or uneven pavement, which could play a larger role in your case.

There is also an unfortunate bias at times against motorcyclists that they are reckless. This is why building strong evidence with your personal injury attorney is crucial to ensure it shows you took every step to prevent this accident. Selecting a personal injury lawyer from The Millar Law Firm, who specializes solely in this field, is your best bet to achieve maximum compensation.

What Happens After I Have Gathered All Evidence From My Motorcycle Accident?

After you have been injured in a motorcycle accident in Georgia, the next step is to consult with a personal injury attorney. Your personal injury attorney will help you understand the complexities of your legal rights, and insurance claims, and assess the overall strength of your case. Your attorney will use the evidence to establish fault and demonstrate the extent of your damages, which will be an essential step in negotiating with insurance companies, or even pursuing litigation if that becomes necessary. Immediate legal consultation makes sure that your case is handled properly, so you are more likely to have a favorable outcome.

FAQ for Motorcycle Accident Evidence

What if my injuries prevent me from gathering evidence?

It’s natural to feel overwhelmed after your motorcycle accident. You should be able to focus on healing from your injury. This is where your personal injury attorney will come in. Our team of attorneys can help to collect evidence, interview witnesses, and contact law enforcement to ensure every detail of your accident is recorded.

How long do I have to preserve evidence, and what should I focus on documenting?

While motorcycle damage can serve as evidence, it doesn’t always show the severity of an accident. Severe injuries can occur even if the bike has minimal damage. If your motorcycle is significantly damaged, it’s important to photograph and preserve it as evidence immediately before repairs.

Physical evidence, like skid marks on the road, can disappear easily, and witnesses’ memories can fade. Contacting an attorney to help collect the needed evidence ensures critical evidence is preserved, giving you a better chance for maximum compensation.

What steps should I take to preserve my physical evidence?

Keep any of the damaged parts of your motorcycle, your protective gear, and even debris from the accident site. These items can help illustrate the crash’s severity.

How can video evidence support my case?

Video evidence can be critical to your case. You can leverage footage from things like dashcams or GoPros. Videos provide an unbiased account of the accident, capturing the events leading up to the crash and helping to establish fault.

How can I prove lost wages?

If you are unable to work due to your injuries, you can also reclaim lost wages. This would include showing documents, like paycheck stubs and verification from your employer stating your position, which will show your income prior to the incident.

How do attorneys help with evidence collection?

Your personal injury attorneys at The Millar Law Firm will handle everything from gathering police reports to hiring accident reconstruction experts. With over 30 years of experience serving the Atlanta area, our attorneys possess in-depth knowledge of local laws and have established strong relationships within the community. This local expertise enables us to navigate the legal system effectively and build solid cases for our clients.

Can a personal injury attorney help find witnesses?

Experienced motorcycle accident attorneys will identify additional witnesses through specific tactics, like reviewing police and first responder reports, analyzing surveillance footage, and investigating social media mentions of the accident. These efforts help build a stronger case by gathering comprehensive witness testimony.

How The Millar Law Firm Can Support You

At The Millar Law Firm, we understand how overwhelming going through a motorcycle accident can be. To support you, our team will:

• Investigate the accident thoroughly, collecting every piece of relevant evidence.
• Work with medical and accident reconstruction experts to build a compelling case.
• Handle negotiations with insurance companies to ensure you receive fair compensation.
• Guide you in preserving critical evidence, making sure nothing is overlooked.

You don’t have to face this journey alone. Let us shoulder the burden of evidence collection so you can focus on your recovery. With over 30 years of experience, specifically in personal injury law, we’re here to help Georgia residents receive maximum compensation for their claims.