What Evidence Could Help Support My Motorcycle Accident Claim?
In the aftermath of a serious motorcycle wreck, you may have more to deal with than just medical visits. If you are making a claim related to your accident, you will likely have to assist your lawyer in identifying and preserving critical evidence, locating important witnesses, and documenting your claim. Although motorcycle accidents can cause irreparable physical harm, pain, and financial loss, filing a personal injury claim to recover your damages may help put you back on the road to recovery and compensate you for your losses.
However, the strength of any claim depends on evidence. An experienced personal injury lawyer can help guide you in building your case, locating evidence, and ultimately obtaining a recovery commensurate with the full value of your losses. While every case is different, most claims involving injuries stemming from a motorcycle accident will involve the following evidence:
1. Pictures of the Wreckage
The accident scene will usually hold many clues as to what happened and who might be at fault for causing the collision. However, much of the evidence at the scene can be lost with time, leaving you or your attorney only a few days—or even hours—to find, photograph, and document that evidence in a manner that can be used at trial. Examples include skid marks, pieces of debris, road signs or construction barricades, surveillance video from nearby establishments, and pictures of the vehicles involved.
If you have not yet retained an attorney but are considering a personal injury claim, then you, a family member, or friend should go to the scene and document the scene thoroughly. Today, that is easy. Just use your smartphone to take pictures and video of the wreckage and anything you believe may be relevant.
You should also do what you can to locate witnesses and obtain their contact information. Similarly, if someone captured footage of the wreck on their vehicle’s dashcam or on their cell phone, you should try to obtain copies of these recordings to share with your attorney. The same applies to surveillance camera recordings.
2. Medical Records
Virtually all personal injury claims must have medical documentation of the injuries being claimed. If you are hurt but have not yet been to a doctor, do not wait. Going to the doctor sooner rather than later is best for your physical wellbeing and your case. Your medical records will likely play a crucial role in your claim, with attorneys and insurance adjuster alike scrutinizing and analyzing what they say. Your medical records will provide evidence of your injuries, treatment, physical limitations or impairments, and hopefully provide a thorough framework to evaluate the value of your claim.
3. Personal Belongings
No matter how egregious the negligence of the other driver may be, insurance adjusters and defense lawyers will likely focus on your actions at the time of the crash, whether there was anything wrong with your motorcycle, and whether you were utilizing safety equipment, such as a helmet, jacket, and reflective gear. Do not discard or repair these items without first consulting a lawyer. They may be crucial evidence in your case. Your attorney and/or an accident reconstruction expert may want to assess your belongings when piecing together how the crash happened.
Because the insurer might argue that you were not wearing a helmet or other protective gear which might have prevented some of your injuries, having these items available for inspection can help refute these defenses.
Discuss Your Case with a Miami Motorcycle Accident Attorney
Were you injured by a negligent motorist? It may be in your best interest to speak to a personal injury attorney.
At Viñas & DeLuca, PLLC, we can assess the evidence you have gathered as part of a free consultation and advise you of any potential strengths or weaknesses in your evidence. Our legal team can also help investigate the wreck on your behalf, collecting any additional proof you might need to support your claim. To schedule a free case review with a Florida motorcycle accident attorney, reach out to us today at (305) 372-3650 or head over to our contact page HERE.