The strength of the evidence will dictate whether you win or lose a motorcycle accident case. Lawyers need solid, well-organized evidence to clearly illustrate how the accident occurred and how the injuries directly impacted the motorcyclist’s life.
If there is insufficient evidence, it makes it difficult for lawyers to prove fault or advocate for the maximum dollar amount possible for the claim. Many motorcyclists are left with a great deal of uncertainty about their situation after an accident, particularly if they suffered significant and/or long-lasting injuries.
Motorcyclists are often unaware of the amount of documentation that must be obtained prior to the negotiation process beginning. Understanding the most common types of motorcyclist injuries is important because lawyers must establish a direct link between each medical condition and the accident.
What Evidence Do Lawyers Gather at the Crash Scene?
The primary focus of the lawyer is to obtain as much physical and visual evidence as possible that illustrates how the motorcycle accident occurred. Physical evidence collected at the scene establishes the basis for the motorcyclist’s claim.
Motorcyclists are frequently unable to obtain any information regarding the accident while still physically recovering due to their injuries. Therefore, lawyers and investigators typically reconstruct the events surrounding the motorcycle accident.
Common examples include:
- Photos and videos of the roadway, traffic signals, vehicle positions, skid marks, and debris.
- Surveillance footage from nearby businesses, homes, or traffic cameras.
- Official police reports that detail officer observations, statements, and preliminary fault.
- Witness statements that confirm what was seen or heard at the time of the crash.
How Do Medical Records Support an Injury Claim?
Documentation regarding the motorcyclist’s medical treatment is the single most critical piece of evidence establishing the motorcyclist’s injuries. Attorneys gather all available documentation describing the motorcyclist’s diagnosis, treatment plans, and long-term prognosis.
Physicians typically document the motorcyclist’s pain level, limitations, and anticipated recovery time. This documentation establishes that the injuries suffered by the motorcyclist were the result of the motorcycle accident and not some other occurrence.
Examples of medical records include:
- Hospital intake records;
- Imaging studies (x-rays, CT scans, MRI);
- Specialist opinions (orthopedic, neurological, etc.);
- Physical therapy documentation.
Why Are Financial Records Important?
Gathering financial evidence is necessary to assist in determining the total dollar value of the motorcyclist’s claim. In addition to gathering documentation illustrating the motorcyclist’s loss of income, the attorney will collect documentation illustrating additional financial obligations resulting from the motorcycle injuries.
Typical items include:
- Pay stubs or employer letters showing lost wages.
- Receipts for medication, equipment, or transportation related to treatment.
- Invoices or estimates for future care needs.
Do Lawyers Rely on Expert Witnesses?
While expert testimony is typically not used in many personal injury cases, there are times when lawyers rely on experts in severe motorcycle cases to support the more complex aspects of the claim.
Accident reconstruction experts can provide insight into how factors such as speed, distance, and angle of impact contributed to the motorcycle accident. Medical professionals can provide detailed descriptions of the extensive physical damage suffered by the motorcyclist and how that damage impacts the motorcyclist’s day-to-day activities.
Expert testimony can assist in providing clarity to the parties involved in the case regarding the complexities of the motorcycle accident and the associated medical consequences.
Final Key Takeaways
- Lawyers rely on the quality of the accident scene evidence to establish the facts of the case.
- Medical documentation is the strongest form of evidence to document a motorcyclist’s injuries and the need for medical treatment.
- Financial records document lost income and future financial obligations resulting from the motorcycle injuries.
- Expert testimony assists in explaining the complexities of the motorcycle accident and the associated medical consequences.
