What Evidence Can Be Used in Litigating a Motorcycle Accident Case?

January 5, 2018 | Category: Motorcycle Accidents | Share

Motorcycle accidents occur in Florida frequently. In fact, Florida has the most motorcycle crash fatalities in the nation, according to the NHTSA (National Highway Traffic Safety Administration).  The Sun Sentinel reported on an accident which happened in Fort Lauderdale on November 2, 2017 when a pick-up truck driver turned into the path of a motorcycle. The motorcyclist died.

What evidence can be used in litigating a motorcycle accident case - Spivey LawMotorcycle accidents are not like other vehicle accidents. There is a higher level of risk associated with riding a motorcycle. The mere size difference may make motorcycles more difficult to see, and any debris, bumps, gravel, or wet pavement, for example, make controlling a motorcycle more difficult.

Evidence is important in litigating motorcycle accident cases. This evidence may include photos of the scene including the vehicles involved, witness information from those present when the accident occurred, the motorcyclist’s past and present medical records, and any safety equipment which the motorcyclist may have worn or used on the motorcycle when the accident occurred.

Accident Photos

If possible, after receiving medical attention, it is important to get photos of the scene including any skid markings, accident debris, vehicles, the road and its signs. If the police at the scene take photos, or anyone else takes photos, the motorcyclist involved in the accident, or his or her representative, should take the same photos from the same angle as they do. Attorneys sometimes consult an accident reconstruction expert, and the photos will be helpful to that person in understanding how the accident happened.

Witness Statements

Even though authorities at the accident scene will file a police report with contact witness information, it is important, if possible, to get any neutral witness information. Having neutral witnesses can affect the outcome of a motorcycle accident case.

Safety Equipment

Evidence of wearing any safety gear at the time of the accident, can be important in demonstrating that the motorcyclist took some precautionary measures. Evidence of this may also assist those investigating the accident to understand how the impact affected the injured motorcyclist’s body. Photos of the safety equipment should be in an “as-is” condition following the accident.

Medical Records

Seeking medical treatment immediately following the accident, and keeping all medical appointments is crucial to the outcome of any motorcycle litigation case. Consistent medical treatment, without any gaps, will assist the attorney in showing the injuries were serious. In addition, complete records of the provider, detailed costs and dates of service are required.

“If you or a family member are injured in a motorcycle accident, the experienced team of Fort Myers Motorcycle Accident Attorneys are always available 24/7 to assist you. There are no costs or attorney fees unless we make a monetary recovery for you,” said Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.



Ft. Myers Motorcycle Accident Attorney,Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.


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