You may think that your motorcycle accident is an “open and shut” case. You were struck by a car, there are witnesses, and you suffered a debilitating injury. You should have no problem taking the other guy to court, right?
Not necessarily. In every accident case, a victim is expected to prove fault in order to collect damages, which all relies on strong and convincing evidence. Most of the items that will prove useful as evidence in your case will require expertise and legwork, both of which will not come easily to bikers who are laid up in a hospital under pain medication.
Here are a few ways a legal advisor is vital in collecting motorcycle crash evidence:
- Preservation. Evidence in your case begins to deteriorate in the moments after a collision. Roads are cleared, debris is swept away, the flow of traffic covers the skid marks and telltale signs of a sudden swerve. The person who hit you may take his car in for immediate repairs, leaving no visible signs of damage. Your attorney can issue legal demands to make sure all evidence is preserved and available for you to examine when you are released from the hospital. He or she can also locate your damaged items, such as your riding gear, helmet, and bike, to use them of evidence of your trauma.
- Surveillance. Many roads have available video surveillance records that can show exactly what happened in your crash. However, these must be obtained from the owners, including businesses, local law enforcement, city governments (red-light cameras and railroad crossing footage), or even passers-by who took videos on their phones. An attorney can get these records, as well as copies of police reports, 911 calls, and other visual evidence.
- Depositions. While there could be many witnesses who saw the accident happen, many will disappear into the crowd after a crash site is cleared. An attorney can help track down the people present and compel them to give testimony in a deposition, or even testify at trial. Legal counsel can also bring in your doctors and other medical professionals to help the jury understand the long-term effects of your injuries.
- Damages. Even if you can prove the other driver is at fault, you still may not know how much you need to compensate you for your injuries. Your attorney will examine your medical records, property losses, and future prognosis to tally up the maximum amount you are owed for medical bills, wage loss, and permanent loss of income.
Order our Free Guide to Learn More About Your Case
Since your case hinges on the evidence, you should have an experienced attorney working on your behalf as soon as possible. Call our toll-free number today or download a free copy of our guide, The Devil's Advocate: A Biker's Guide to Accidents & Injuries.