What Evidence Do You Need for a Strong Motorcycle Accident Injury Claim?

Core Legal Elements

In a motorcycle accident case, you need to prove the elements of liability.

These are:

• Duty of care: Drivers in Colorado are required to operate their vehicles with reasonable care by following traffic rules and avoiding causing harm to others. You should establish the at-fault driver’s presence on a public road.
• Breach of duty of care: Negligent actions, such as speeding, distracted driving, failing to yield, unsafe lane changing, tailgating, driving under the influence of alcohol/other drugs, or running a stop sign, are examples of a breach of duty of care. You need evidence that shows how a driver acted negligently.
• Causation: You must establish a link between the breach of duty of care and your injury. Prove that the injury would not have happened “but for” the driver’s actions. Any evidence that shows your injury was a foreseeable result of the driver’s action is vital.
• Damages: Finally, you must prove that you suffered losses, such as medical expenses, lost wages, and property damage.

Most Important Types of Evidence

Any detail that proves the four core legal elements is crucial in a motorcycle injury claim.

This includes:

• The police report: A police report provides an official, comprehensive record with a description of the scene and damages, contact information of involved parties and witnesses, any violations of traffic laws noted by the officer, and essential accident details, such as date, exact time, and precise location. It provides crucial information for establishing fault.
• Medical records: Your medical records prove the existence and severity of injuries and directly link them to the accident. These are your emergency room reports, diagnostic imaging, prescription records, doctor’s notes, specialist reports, prognosis reports, physical therapy records, and medical bills.
• Photos and videos: Photos and videos of the accident scene and your injuries can help prove fault. You should take photos and videos of the vehicle’s and your motorcycle’s position, the road conditions, traffic signals, road signs, and weather conditions.
• Helmet/dash cam footage: If you have a helmet or bike-mounted camera, its footage will provide an objective view of the moments leading up to the accident and show how the crash happened. Helmet/dash cam video footage is invaluable in a motorbike injury claim.
• Witness statements: Witnesses provide independent accounts of how the accident occurred. They confirm your version of events. Thus, immediately after the accident, collect the names and contact information of witnesses, and, if possible, record brief statements using your phone.
• Bike damage and repair estimates: At the scene, take photos and videos of the bike, showing damage to the bike and your gear, such as a damaged helmet, jacket, or gloves. After leaving the scene, do not rush to repair the bike. Get repair estimates from a licensed motorcycle repair shop showing all damages and preserve the bike.
• Traffic/phone records: Traffic video footage and phone records can show if a driver was distracted at the time of the accident. For instance, if they were texting, on a phone call, or using an app.

Why Timing Matters

Evidence can disappear quickly. Surveillance footage from traffic cameras and nearby businesses can get deleted within days, skid marks on the road can fade within hours, debris can be removed from the road quickly, and so on.

Moreover, memories fade over time. A witness is more likely to forget certain details as time goes by. The at-fault driver may also repair or discard their vehicle.

Therefore, timing matters when it comes to gathering evidence. Making informed decisions quickly can protect your case substantially.

Steps To Take To Protect Evidence

• Call the police: Colorado law requires any accident involving bodily injury, death, or significant property damage to be reported to law enforcement immediately. So, call the police to notify them of the crash and to receive emergency care.
• Take photos: Document the scene by taking multiple photos and videos from different angles.
• Get witness info: Don’t forget to collect names and contact information from the witnesses.
• Seek medical care: Get a medical evaluation immediately after leaving the scene, even if you feel fine, to receive treatment and establish causation. Taking too long to visit a doctor creates a gap in treatment, which insurance adjusters can use to argue that your injuries were not caused by the crash or are not severe.
• Preserve your motorcycle: Avoid repairing or cleaning your bike. After taking photos and videos at the scene, ensure that it’s transported to a secure, private location, ideally your garage.
• Contact a lawyer early: Consider contacting an attorney as soon as possible, preferably immediately after receiving medical care.

The Role of a Lawyer

A lawyer will benefit your case in several ways, including:

• Securing hard-to-get evidence: Securing surveillance footage from traffic cameras or nearby businesses, requesting a driver’s phone records, and obtaining a vehicle’s event data recorder data can be difficult without a lawyer. Your attorney will use their expertise to secure crucial evidence on time.
• Working with experts: Your motorcycle accident lawyer will work with other professionals, such as a medical expert, an accident reconstructionist, and a financial expert, to get more information on how the accident happened and determine the true value of your claim.
• Handling the insurance company: It’s important to have a lawyer handle the insurance company on your behalf. This includes communication and negotiations. Not only does this allow you to focus on recovery, but it also protects you from self-incrimination.
• Building a strong, clear claim: Lawyers are skilled at building strong, clear cases. Your attorney will help you build a case that secures maximum compensation.

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