- It is not uncommon for negligent, at-fault, car and truck drivers to blame motorcycle riders for an accident.
- Evidence that can help win a motorcycle accident case includes witness testimony, 911 audio recordings, phone and driving records, and medical records that explain your injuries.
- Damages can be proven, and compensation recovered by producing medical bills, evidence of lost wages due to inability to work, and friends and family to prove pain and suffering.
When your claim involves a personal injury after a motorcycle accident, it is important to gather evidence as quickly as possible after the crash. The longer evidence goes without being collected, the more likely it will be difficult or even impossible to find later.
Evidence most often utilized in Motorcycle Crash Cases
There are various sorts of evidence which will help prove your case and establish the other driver’s fault for a motorcycle accident.
Evidence That Can Prove Cause or Fault
Collecting evidence that may prove how the accident happened and how the other driver may have been negligent, is obviously the best way to prove your case. But, how best to do this?
Evidence that can help prove the other driver’s fault include:
- Police reports and crash diagrams from responding officers.
- Documentation from EMS, EMT, or fire department officials who were called to the scene.
- Pictures of the accident scene taken by you, the police, and/or cell phone photos or video taken by witnesses to the accident.
- 911 audio recordings of motorists who called the police to report the crash.
- Cell phone records – to prove if the other driver was distracted.
- Photos of the roadway, road conditions, traffic signs, obstructions, and intersections near the crash scene can help show how or where the accident occurred.
Evidence and Records From the Other Driver
While some information may have been easily obtained from the other driver at the scene of the crash, such as his or her contact info and car insurance, additional documentation may be harder, but not impossible, to collect.
Examples of records that may be necessary include:
- Cell phone records from the other driver. This information is particularly valuable in proving distracted driving negligence and liability. These can show if a driver was texting or talking on the phone just before the accident.
- Driving and employment records of the other driver, especially if the other driver was working at the time of the accident. If so, his or her employer may be at least partially responsible for paying for your injuries.
- The arrest records or criminal history of the other driver.
Evidence of Your Injuries
Evidence that shows the harm you suffered as a result of your accident is critically important to a personal injury case. The severity of your injuries and whether they will permanently affect your life can help determine your case’s value.
This evidence can include:
- Emergency room records
- Testimony or reports from treating physicians
- Expert testimony or documentation about the type of injury you sustained
- Medical evidence, such as x-rays, MRIs, or CT scans
- Documentation of physical therapy or rehabilitation
- Previous medical records that can show you were uninjured before the accident
Financial and Emotional Evidence
Records of physical injury are not the only source of proof that you were harmed in a crash. Evidence beyond physical damages can be used to explain how the accident has affected your life in other areas as well.
These records can include:
- Proof of lost wages if you have been unable to work due to the accident
- Evidence that you can no longer continue working due to physical restrictions or inabilities
- Evidence of pain and suffering
Another very important form of evidence that can be often forgotten is witness testimony. Witnesses who are not a party to the lawsuit in any way can be especially beneficial because they do not have a stake in the outcome of the trial.
These witnesses can often offer unbiased accounts of approximately how fast the cars were going, whether a driver seemed distracted, and what happened in the direct aftermath of an accident when adrenaline and tempers may have clouded the judgment of those involved.
Witnesses can also be brought to trial to prove the pain, suffering and limitations a motorcycle rider has suffered after a severe crash. Such witnesses are often referred to as character-witnesses or before-and-after witnesses.
Georgia Motorcycle Accident Case Study: How Eyewitness Testimony Helped a Macon Police Officer Win His Case
In one Georgia motorcycle crash case an officer from the Macon Police Department was hit and injured while driving his motorcycle as he responded to the scene of an accident.
Witnesses to the officer’s crash stated that he had his blue lights flashing and siren going when he approached the accident to which he was responding. When he crossed the centerline to render aid, he was hit by a driver who failed to stop in the oncoming lane of traffic.
As a result of the collision, the officer suffered a fractured shoulder that required two separate surgeries. Following the second surgery, the officer received no further treatment for his shoulder for three years, but then began seeing a specialist in pain management for residual pain caused by the injury.
Conflicting Stories at Trial –
The officer sued the driver who hit him for negligence and failure to yield to an emergency vehicle. The defendant driver claimed that he was not responsible because the officer did not signal that an emergency was occurring and was speeding at the time of the collision.
At trial, independent witnesses testified that the officer did indeed have his lights flashing and siren on at the time of the crash. Due to this testimony, the jury disagreed with the defendant and awarded the officer $20,000.
- What types of evidence can be used in a motorcycle accident case?
- Can I get compensated for my lost wages after a motorcycle accident?
- Is witness testimony essential in a motorcycle accident case?
- Are police reports important in a motorcycle accident case?
- Can I be compensated for pain and suffering in a motorcycle accident case?
- Can the other driver’s insurance company pay for my medical expenses in a motorcycle accident case?