Go to navigation Go to content
Toll-Free: 888.716.8021
Phone: 208.344.5555
Morton Law Offices, Chartered

Evidence You Need to Prove Fault in Your Motorcycle Crash Case

If you were injured in a motorcycle crash, you may have suffered horrific injuries like traumatic brain injuries, hip and pelvic fractures, or paralysis. You may be entitled to compensation from the negligent driver—even if you were not wearing a motorcycle helmet. In order to obtain it, you will need to prove the driver’s negligence caused your crash and how you were injured. How do you do this? Here, we’ll discuss the types of evidence that you could find helpful in proving the other driver’s liability.

Evidence You Can Use to Show the Other Driver’s Fault

Evidence in your motorcycle accident case can come in many forms, and no one piece of evidence will prove your case. Your case will be strongest if there is a collection of evidence that clearly shows the other driver’s fault and the extent of your damages. This can make it much more likely you will obtain a favorable settlement with the driver’s insurance company. Evidence that can be helpful to prove fault includes:

  • Your helmet. If you were wearing a helmet, you want to save it and not alter it in any way. If possible, take a picture of it. Proving you were using a helmet is proof that you were responsible and did not contribute to your injuries.
  • Police report. Besides containing important contact information for the driver, passengers, and witnesses, the police report can include diagrams of the accident scene, information on weather conditions, a summary of how the accident occurred, and any citations issued to the other driver—which can help you establish his responsibility for causing your crash.
  • Photographs. Hopefully a witness, your passenger, or you took pictures at the accident scene. Pictures of your motorcycle immediately after the crash, of the point of impact with the driver’s vehicle, and of the damages to his vehicle can help establish how the accident really occurred.
  • Witness statements. Eyewitness statements as to how the accident happened can be extremely valuable. Unfortunately, police officers do not always interview the witnesses, so you will want to be certain to obtain their contact information to not lose this crucial type of evidence that can make a huge impact in your case.
  • Surveillance cameras. Surveillance cameras at nearby businesses could have recorded your accident. You want to obtain the tapes quickly as they are often recorded over after a certain number of days. If they will not agree to provide them, your attorney should be able to get them for you.
  • Journal. You should start a journal at the accident scene if possible to record what happened, the contact information for the driver, passenger, and witnesses, and any statements the driver made, such as apologizing or admitting responsibility. Due to the shock of the crash and your injuries, you may not be able to recall the event as clearly later on.

An experienced motorcycle accident attorney will understand the importance of preserving evidence that can help prove the driver’s negligence in causing your injuries and will be able to assist you in obtaining it. That is one reason it is so important to contact an attorney immediately after your crash. Fill out our online form today to schedule a free, no-obligation consultation.