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Essential Evidence You Need to Prove the Other Driver’s Fault in Your Motorcycle Wreck

Proving Negligence in a Car and Motorcycle CrashWhen a negligent driver causes you to suffer injuries in a motorcycle accident, you could be off work for months or longer—if you can return to your job at all—while you recover from your injuries. If you are an older motorcycle rider, the danger of suffering catastrophic injuries increases even more. You need to hold the driver responsible for compensating you for your injuries. Unfortunately, you cannot assume that his insurance company will voluntarily agree to pay you the value of your claim. You will need to prove the other driver’s negligence.

What Evidence Can Help Prove the Other Driver’s Negligence in Causing Your Motorcycle Accident?

In most cases, one document or piece of evidence does not prove the fault of the negligent driver. Often it is a combination of many pieces of evidence that builds a strong case to show that he was at fault and that you had no blame in causing your injuries. It is like you are building a tower, and the more blocks you have, the higher and stronger the tower of evidence is.

You want to start collecting your evidence right at the scene of the accident and soon afterwards. Why is this so important? Evidence can be destroyed or lost, and memories can fade with time. You do not want to lose vital evidence because you did not act quickly enough. Here are some of the documents and other evidence that could help your case:

  • Police report. You will need the police report to file a claim with the negligent driver’s insurance company. The police report can contain important information, such as contact information for the negligent driver, passengers, and witnesses, driver and witness statements, and the police officer’s observations and determination of fault in your crash. While the police report could not be used at your trial, the police officer can testify and would use the police report to refresh his memory. His statements could be persuasive to the jury—and the insurance adjuster.
  • Witnesses. Witnesses can corroborate how the crash occurred and show the other driver’s negligence. Especially if they are a neutral third-party who has no stake in your claim and knows neither you nor the other driver. Witness statements can be a powerful piece of evidence that establishes the other driver’s fault.
  • Photographs. You want to take photographs of the accident scene, damage to any vehicles, your injuries, weather conditions, the surrounding area, and anything else that could be remotely helpful. Pictures can help establish fault and the horrific nature of the wreck, making your case even more sympathetic to a jury. In addition, an accident reconstruction expert could be needed to reconstruct the accident, and your picture might help him do this.
  • Surveillance cameras. If your accident occurred near any businesses, you want to check with the businesses to see if their surveillance camera recorded your crash. You need to do this quickly so that you can obtain a copy of the surveillance tape before it is taped over.
  • Helmet, clothing, and bike. You want to keep your helmet if you were wearing one, and take a picture of it. Do not alter it in anyway. It can prove that you were wearing a helmet during the accident—defeating the argument that your injuries were caused by not wearing one. You should also keep your bike in its damaged condition until you retain an attorney. He may want an expert to inspect it before you have it repaired or it is totaled by the insurance company.
  • Diary. Keeping a diary of everything important to your accident, such as details of the crash, the pain you experience, and your medical treatment, can help keep track of all the important details that prove your case. It is a good idea to consult with your attorney for tips on how and what to record in your log.

Let Brauns Law, PC Help You Collect the Evidence You Need to Hold the Negligent Driver Accountable

At Brauns Law, PC, we understand the importance of thoroughly investigating evidence of the other driver’s fault before it is lost or destroyed. Let us take over the burden of collecting evidence in your case so that you can focus on recovering from your injuries. We urge you to call our office today to schedule your free case evaluation to get your questions answered and learn how we can assist you.

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