If you’ve been hurt in a motorcycle crash, you will likely want to recover damages. Without a legal recovery, you will be responsible for paying your own past and future medical costs, lost income, out-of-pocket costs, physical pain, and emotional suffering. But when someone else is responsible for your motorcycle crash, you shouldn’t have to bear this financial burden. Instead, you and your Florida motorcycle accident lawyer can gather evidence to prove who caused your motorcycle accident and determine who should pay for your accident damages.
As the plaintiff in a Florida motorcycle accident injury case, you need to prove that the defendant:
- Owed you a duty of care
- Breached the duty of care by failing to act as a reasonable driver would act in similar circumstances
- Caused your injuries which would not have happened but for the defendant’s actions or inactions
You will need evidence that proves the elements of your case by a preponderance of the evidence. In other words, the evidence must prove that it is more likely than not that the defendant caused your motorcycle accident injury.
Important Evidence in Motorcycle Accident Cases
Some of the evidence that could be important in your case includes:
- The police report. Immediately after your accident, the police should come to investigate the crash. After the investigation, a police report will be written that describes who was involved in the collision, who witnessed the crash, where and when the crash occurred, and other vital information. Generally, a police report cannot be used in court because it violates the hearsay rule. However, the information contained in a police report may be persuasive during settlement negotiations and may help your lawyer locate witnesses and gather further evidence.
- Photographs. Any pictures taken at the accident scene could be significant in establishing why the crash occurred. The photos may have been taken by you, the other driver, or accident witnesses, and they could contain evidence to help your case.
- Witness statements. People who saw the accident often have critical evidence to share in motorcycle accident cases. A witness may have seen the at-fault party driving erratically before the crash, using a cell phone, or otherwise behaving in a negligent manner.
- Video footage. If your accident happened near a business, there could be video footage of the crash. It is critical to act quickly to get the video evidence before the business destroys it.
- The other driver’s own words. An attorney may ask the other driver questions under oath. These questions may include inquiries about what the driver was doing just before and at the time of the accident.
- Your motorcycle, helmet, and clothing. Any damage or marks on your bike, helmet, or clothing could provide clues about why the crash occurred and be important evidence in your motorcycle accident case.
Evidence is critical in a motorcycle accident case and may prove the defendant was negligent. However, before you can recover damages, you have to prove the value of your injuries. To do this, you may need additional evidence such as medical records, proof of lost income, and expert testimony. Often, multiple forms of evidence are required to present a strong and convincing motorcycle accident injury case.
How to Get the Evidence You Need
Attorney Coy H. Browning is a former Florida State Trooper and investigated many accidents. He knows what questions to ask, what documents to look for, and what evidence to seek after a motorcycle wreck.
Evidence often disappears quickly after a motorcycle crash. Therefore, if you want to gather the necessary evidence to determine liability, we encourage you to contact the Browning Law Firm as soon as possible.
We will ask the right questions and work through the legal discovery process to get the questions answered in a legally compelling way, with supporting evidence where appropriate. Call us, or contact us through our website today to speak with our legal team about your motorcycle accident injury case.