Evidence matters in any lawsuit. If you don’t have it, you don’t have a case.
No matter how legitimate your motorcycle accident claim may be, a lack of evidence turns it into a he said, she said argument that gets nowhere.
But motorcycle accidents…
Let’s just say they already face an uphill battle.
Per the recent data, motorcyclists are 28 times more likely to be killed in a traffic crash than people inside passenger cars. This means injuries tend to be severe, and motorcycle accident cases involve a lot of money.
Fortunately, there’s evidence.
With enough of the right kind, victims can prove who was at fault and recover fair compensation. An experienced charlotte motorcycle accident lawyer knows how to gather evidence and build an undeniable case for negligence.
What you’re about to learn will help you do the same.
Use our FREE comprehensive guide to understand…
- Why Evidence Makes or Breaks Your Motorcycle Accident Case
- The 6 Types of Evidence You Need to Gather
- How to Preserve Vital Evidence After a Motorcycle Accident
- Mistakes that Destroy Motorcycle Accident Cases
Click your sheriff badge and let’s get started.
Why Evidence Makes or Breaks Your Motorcycle Accident Case
Evidence matters in motorcycle accident lawsuits. Plain and simple.
If you’ve been hurt, you must be able to prove someone else was negligent in order to recover compensation. This means showing they had a duty of care, breached that duty, and caused the accident as a result.
Without rock solid evidence, insurance companies will deny claims or lowball settlement offers. They know victims without proof are unlikely to file a lawsuit. Even if they do, jurors aren’t going to award damages without proof.
The stronger the evidence, the higher the settlement value of your case. Lawsuits supported by police reports, witness testimony, pictures, medical bills, etc. consistently settle for much more money than cases without proper documentation.
Would you believe someone if they told you they were hit by a driver who failed to yield, but had no proof?
Or would you believe traffic camera footage that shows the entire incident unfold?
Either way works. But it’s a lot easier to convince insurance adjusters (and jurors) with evidence.
The 6 Types of Evidence You Need to Gather
Like any type of lawsuit, gathering ample evidence is critical to winning a motorcycle accident case. The more proof you have, the stronger your claim.
Police Reports
Accident reports provide an official document of what occurred. Police include information about each party involved in the accident, any citations issued, and their own account of events at the scene.
Officers typically record all of this information in a written report. These are powerful pieces of evidence because they’re filed by a third party with no stake in the outcome of your claim.
Witness Information
Witnesses can help verify your account of what happened. This outside perspective can make or break a case.
Get the contact information of anyone who stops to watch or saw the accident happen. You’ll want to collect statements from them as soon as possible.
Medical Records
Medical records show injuries that occurred because of the crash. This can include hospital visits, prescribed treatment plans, prescriptions, and medical bills.
Don’t skip this step.
Even if you feel fine after an accident, go to the doctor. Some injuries have a delayed reaction and may not show up for days or weeks after the collision occurred.
Photos
Pictures can serve as proof of what happened during the accident. This can include damage to your motorcycle, road conditions, traffic signs, injuries you suffered, and more.
Ideally, you should have photos that show…
- Vehicle damage from various angles
- Skid marks on the road
- Weather conditions
- Lighting
- Visible injuries
Video Footage
Surveillance video can capture the actual accident happening. Dashcams, traffic cameras, and private security cameras are some of the best forms of evidence you can hope to find.
Intersections for roads and local businesses are usually equipped with surveillance cameras. Time is of the essence. You’ll want to go file a police report so they can try to retrieve that footage before it gets deleted.
Expert Witnesses
Experts can review the evidence and explain how and why the accident happened. Medical experts can testify to the severity of your injuries and how they’ll impact you for years to come.
Expert witnesses use their experience and knowledge to provide an opinion about your case. This can help jurors better understand complicated details.
How To Preserve Vital Evidence After a Motorcycle Accident
If you don’t move quickly, evidence can be lost forever.
Skid marks wash away. Surveillance footage gets taped over. Witnesses forget details. That’s why it’s so important to act ASAP.
Ideally, you should…
Document the scene of the accident if you’re able
Take pictures, get contact information, and write down everything you can remember about the crash while your memory is fresh.
Call the police to file a report
As we mentioned earlier, police reports create an official record of what happened. Filing a report also starts the evidence collection process.
See a doctor
You should already be doing this. Seeing a doctor will ensure you receive proper medical treatment and create medical records to prove your injuries.
Hold onto any damaged gear
Jackets, helmets, gloves; any protective gear you were wearing during the accident could help your case. Insurance companies will be gathering evidence too, and they’ll do everything they can to minimize your claim.
Don’t make their jobs easier.
Avoid posting on social media
Insurance companies will google you. If they find accident-related posts on Facebook or Instagram, they will use it against you.
Mistakes That Destroy Motorcycle Accident Cases
Bad accidents can still result in successful lawsuits. But some avoidable mistakes can ruin your case.
Failing to call the police.
Some motorcyclists don’t call the cops for minor accidents. Proving your case without an official police report from the scene is tremendously difficult.
Waiting to seek medical attention.
Sitting on medical treatment will create gaps in your file. Insurance companies love this kind of thing. They’ll argue you weren’t as hurt as you say you were because you didn’t see a doctor right away.
Admitting fault.
Even if you think you’re at fault, it’s best not to tell anyone. Statements like “sorry” or “I didn’t see you” can come back to haunt you later.
Accepting the first settlement offer.
Insurance companies will lowball you. It’s what they do. And they know you’ll probably accept if they bring it up early on.
Not hiring a lawyer.
Attorneys know how to gather evidence, deal with insurance companies, and fight for maximum compensation. When you represent yourself, you often leave money on the table.
Bringing It All Together
Evidence is crucial to winning your motorcycle accident case.
From police reports to witness statements, photographs to medical records, compile as much proof as possible to corroborate your story. Insurance companies can’t argue with hard evidence.
Remember…
Document everything you can at the scene of the accident.
Don’t skip your doctor’s visit, and hold onto all damaged property.
Stay off of social media, and consider working with a lawyer who can help guide you through the process.
Motorcycle accidents are serious. With 6,335 motorcyclists killed during traffic accidents in 2023, they’re also deadly.
Having the right evidence could be the difference between a successful lawsuit and the insurance company taking you to the cleaners.
Don’t be that victim. Start gathering evidence today
