Motorcycle riders often suffer extensive injuries after an accident that require years of medical treatments and rehabilitation. Unfortunately, many injury victims never recover the full amount of compensation necessary to cover their hospital bills and lost wages simply because they did not have the right evidence. Even if victims suffer significant injuries, they still have the burden of proving their case—and if they do not act quickly, the evidence they need may be gone forever.
How to Collect Important Pieces of Evidence in a Motorcycle Crash Case
Fault is one of the most important elements of a motorcycle accident case, but evidence can do much more than just determine who was at fault. It can show the extent of the damage, explore the actions each person took after the crash, and show just how much each person has lost as a result of the accident. All of these factors can make a big differences in the damages you are awarded, making it vital that you secure any evidence that could potentially affect the outcome of your case.
Your ability to prove the extent of your suffering may depend on:
- Video. It is always a good idea to take a short video of the vehicles and accident scene after a crash. If you were unconscious or unable to record the scene, check to see if there are any nearby stores with surveillance cameras that may have video of the accident.
- Photos. Pictures are invaluable when it comes to proving an accident claim because they allow insurers and judges to see the event from your perspective. A photo taken at the scene may show a steep curve, poor road maintenance, or defective roadway design, allowing you to hold a third party accountable for the crash. If you have made aftermarket improvements to your bike, a photo can act as a reminder to claim those upgrades on your insurance.
- Damaged vehicles. While many riders are eager to repair their motorcycles as quickly as possible, this can greatly devalue an accident claim. For one thing, nothing demonstrates the extent of your losses as clearly as your damaged bike. The scratches down one side, broken mirrors, and other damage allow the jury to feel what you felt on the day of the accident. In addition, there may have been a manufacturing defect or a problem with recent repairs that contributed to the accident. If the bike is repaired, the faulty part may be scrapped, robbing you of the chance to file a claim against the manufacturer.
- Damaged gear. The extent of damage to your goggles, leathers, helmet, and equipment can prove to the jury that you are a conscientious rider who made an effort to be safe on the road. You may also claim these as losses on your insurance or as part of your injury case—especially if you have copies of the receipts from their purchase.
- Medical bills. You will need to provide comprehensive proof of your injuries, medical treatment, rehabilitation, prescriptions, and payments you have made for each expense in order to be reimbursed for these costs.
- Wage statements. You will need to document any time that you were unable to work as a result of the injury, including days off for follow-up care, hospitalization, and surgery. You should also have a written statement from your doctor advising you not to work for a certain period of time to recover from your injuries, as well as information from your employer on your wage rate, hours worked, and days missed.
- Witness information. People who saw the accident firsthand can corroborate your version of events, giving weight to your testimony. If you did not gather the names and contact information at the accident scene, your attorney may be able to hire an investigator to track down potential witnesses.
If you have been injured in a motorcycle accident, we can listen to your story and explain to you how much your claim may be worth. Contact GriffithLaw today for a free evaluation of your case, or order a free copy of our book, The 10 Worst Mistakes You Can Make With Your Tennessee Injury Case.