Motorcycle accidents can result in serious injuries to motorcycle riders, costly medical bills, lost income and insurance issues. But in these cases, evidence collected immediately after the accident can be key to establishing liability and obtaining a fair agreement.
When it comes to determining a claim, insurance companies, attorneys and courts don't care about assuming anything; they just want the documentation.
Strong evidence can:
- Prove liability
- Support injury claims
- Verify property damage
- Counter inaccurate statements
- Consider increasing the chances of fair pay.
No matter if something is a proper claim, it can be delayed, disputed or denied without adequate evidence.
Sometimes the most convincing type of documents will be visual evidence
- Take photos of:
- Vehicle positions
- Motorcycle damage
- Other vehicle damage
- Road conditions
- Signs and signals for traffic.
- Skid marks
- Weather conditions
If possible, try to put together a video walkthrough of the scene of the accident to help document aspects of the incident that may be missed in photos.
Witness Information
Independent witness statements are helpful in determining crash events.
Collect:
- Full names
- Phone numbers
- Email addresses
- If willing, brief statements.
Police Report
When required by local laws, report a motorcycle accident to law enforcement.
The police report could contain:
- Officer observations
- Preliminary fault assessments
- Witness statements
- Citation information
Who gains the most from evidence collection?
Every motorcycle rider in a collision should preserve evidence, if it will not affect the safety of the rider.
Evidence is particularly important for:
- Injured riders
- Passengers
- Families seeking wrongful death claims
- Riders with conflicting claims of fault
Steps for Collecting Evidence
Step 1: Call the police
Request police and be cooperative with police.
Step 2: Pictures and Records
Make lots of pictures and video before vehicles are moved.
Step 3 – Take Witness Details
Talk to witnesses and obtain contact information.
Step 4: Get Medical Help
Seek testing if injuries appear to be minor or not a big deal.
Step 5: Make a file with the following:
- Medical bills
- Repair estimates
- Insurance correspondence
- Lost wage documentation
- Accident-related expenses
Local Considerations
The laws of each state and jurisdiction differ with respect to motorcycle accident. Comparative negligence, reporting requirements, insurance requirements and filing deadlines can vary greatly.
Lane splitting is legal in some states, illegal in others; depending on the circumstances. Fault determinations and eligibility for compensation may be affected by local traffic laws.
A professional motorcycle accident attorney who's familiar with motorcycle accident laws in the area can help ensure that those requirements are met.
Practical Example
Suppose this rider is hit by a car doing a left turn.
The rider collects:
- Images of the junction.
- Videos of traffic signal timing are available.
- Witness statements
- Police report
- Medical records
- Damaged helmet
Common errors
- Not obtaining witness contact information.
- Waiting too long to get medical care following the accident.
- Throwing away broken helmets or riding equipment.
- Providing recorded statement to insurance companies without an understanding of the claim process.
FAQs
What's the most significant evidence following a motorcycle accident?
Photographs, witness statements, police reports and medical records will be the most useful types of evidence.
If the police are already taking pictures, should I take pictures?
Yes. You may get details from your own photographs that are not part of the official report.
Are there any definitive indications of helmet damage?
Yes. Damage to the helmet can be used to help prove the severity of the impact and to assist with injury claims.
When should I get the medical treatment?
As soon as feasible following the crash. Early treatment saves lives, saves claims.
What if there were no eyewitnesses during the accident ?
Collecting photographs and video, police reports, medical records and any available surveillance footage remains important.
