Proving Negligence in a Motorcycle Crash

October 13, 2015 | By admin

Following any type of motor vehicle accident, it’s natural to want justice and compensation for your injuries. Unfortunately, in many cases involving motorcycles and cars, the aftermath of a collision sounds more like “he said, she said” than anything else.

You can change that by making sure you collect the evidence your personal injury lawyer will need to fight for damages on your behalf. First things first, to hold the motorist responsible for the accident, you, the biker, need to prove that the driver of the other vehicle “breached a duty of care.” Conversely, you also need to show you didn’t contribute to the accident. To be successful, you need to choose an aggressive attorney who will leave no stone uncovered as they compile evidence to prove the other driver’s negligence.

Help Your Lawyer By Collecting Evidence

  1. Collect Witness Information and Photographs: It’s not unusual for an injured biker to be taken from the scene of an accident in an ambulance or even a medivac helicopter. Therefore, since bikers travel in groups, ask a fellow rider to collect witness information and take photographs.
  2. Your Helmet Speaks Volumes: Take pictures of it at the scene and do not alter it in any way. Following an accident, it can reveal a lot about what happened. For example, the simple act of wearing it reveals you were taking precautions. If you suffered injuries that a helmet could have prevented, you may have trouble convincing an insurance carrier or a jury that you bear no responsibility for the accident. That’s because not wearing a helmet, especially in NJ where it’s the law, is an irresponsible action.
  3. Get Copies of the Police Reports: In addition to collecting witness information, police officers will often draw diagrams of where vehicles were on the roadway after the crash. They will take photographs of skid marks and determine if either driver ignored signage (such as stop signs or right of way signs). These reports can be extremely helpful in proving fault because courts naturally have faith in law enforcement officers.
  4. Electronic Eyes in the Sky: We balk at traffic cameras on red lights and we are often leery of surveillance cameras on cop cars. However, these videos, and others that may be collected from nearby security cameras from businesses and residences, can tell the whole story.
  5. Memories Fade; Write Down Your Notes: If you were injured in the accident, it’s not unusual if your recollections are fuzzy. Rest assured, they aren’t going to become more clear as time marches on. As soon as possible, dictate your version of what happened to a loved one who can take notes or keep a journal so you can write down your thoughts and add to it if something new is recalled.
  6. Medical Records: Every time you go to the doctor, make notes in your journal and write down any tests or comments made by the doctor. Your journal should match the medical records. These records will be a big part of your case. Without documented medical history, you may have trouble collecting damages. (This includes what happened at the scene of the accident, in the emergency room, and all test results.)

Finally, once you are on the mend, go back to the scene of the crime and take more photographs. Showing discrepancies regarding signage, for example, can add to the credibility of your case.

If you or someone you love has been injured in any time of motor vehicle accident, talk to the compassionate, experienced personal injury lawyers at Lombardi & Lombardi. We will fight for maximum damages for you.


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