Useful Evidence in the Event of a Motorcycle AccidentDecember 22, 2016 | Category: Motorcycle Accidents | Share
In the aftermath of a motorcycle accident – as in other motor vehicle accidents – the highest priority is ensuring your safety and good health. After you have taken the steps necessary to secure reasonable medical attention, however, you should engage in efforts to gather, protect and preserve useful evidence for your eventual motorcycle accident case.
So, what evidence is useful for successfully litigating a motorcycle accident case? The following are a few suggestions:
If you were wearing any safety gear at the time of the accident, including but not limited to a helmet, protective jacket, gloves, pads, and visor, then this evidence will be crucial to demonstrating that you took proper precautionary measures and did not contribute to causing the injuries. The evidence will also help inform investigators as to how the impact may have affected your body.
As such, it is important that you gather and keep your safety gear in the same condition as it was at the time of the accident. As an extra measure to ensure that the evidence is preserved as-is, remember to take photos of the safety gear immediately following the accident.
Photos of the Accident
Though a police and accident report will likely be filed – and these reports may contain information on the accident and how it played out – the information may not be detailed enough. If possible, take photos of the entire scene of the accident and the objects involved, skid marks, vehicles, roadway, accident debris, and signage. If necessary, your attorney will consult with an accident reconstructionist who can use your photos to better understand the mechanics of the accident.
The statements and testimony of witnesses can be critical to the success of your motorcycle accident case, especially since the jury may be inherently biased against you (motorcyclists tend to be viewed as reckless or dangerous by nature). Favorable statements by a neutral witness can shift the narrative positively. Though the police report may contain some witness names and other identifying information, it’s worth personally acquiring the names and contact information of all witnesses so that you can obtain statements later on.
Your total medical records will form the bedrock of your motorcycle accident case. Not only are medical records important for showing that you have in fact suffered the claimed injuries, but they also detail costs, dates, and other critical information that can be used to piece together the aftermath of the accident.
Take steps to be consistent with regard to obtaining medical treatment. Gaps in treatment can hurt the value of your injury claim, as the defendant will likely assert that you did not suffer as serious an injury as claimed (since continuous treatment was not sought).
Make sure to obtain copies of any and all relevant medical records. If there are issues with delays or incomplete records, be sure to consult with a qualified attorney. Your attorney will help you identify and gather relevant medical records for the case at-issue.
If you or a loved one have been injured in a motorcycle accident, contact Randall Spivey to connect with a skilled Naples personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A. We will provide a free and confidential consultation to discuss your legal options and rights.