When it comes to a motorcycle accident case, or any other case for that matter, what makes or breaks your case is the evidence you present. At Gabriel Law, we’ve represented many clients in New York as their injury lawyer in the Bronx, and we are here to share our experiences. From scenes to medical records, we’ll use this post to breakdown the evidence that matters the most in a motorcycle accident.
Evidence from the crash site
As you begin to meticulously piece together your case, your primary source of physical evidence is the site of the accident, the place where it all began. Examining the scene of the accident is like the first chapter of a story, setting the momentum and direction of your case. Amid the chaos, twisted metal, and flashing lights, some of the most important pieces of evidence are waiting to be discovered. They include:
- Skid marks on the road
- Debris from the crash
- Rider’s gear
- Road conditions (potholes, bad lighting, loose gravel)
Evidence from the damaged vehicle
A damaged motorcycle is more than a vehicle that needs a repair; it’s quite an important archive of information. By examining the damage the vehicle has sustained in the accident, we are able to gain some critical information that will undoubtedly be useful in proving your point and disproving the opposition. By taking another look at the damaged vehicle, we will be able to determine
- The point of impact
- Mechanical failures
- The position of the brake and throttle at the time of the crash
- The condition of the motorcycle tires
- The VIN number and other registration details
- Transfer of paint and debris from the motorcycle
Documentary Evidence
Although law enforcement officers and medical personnel rarely witness the accident firsthand, the documentation they produce as part of their investigations and treatment of injuries paints a very important first impression that is quite hard to truly separate yourself from. The documentation that often turns out to have the greatest impact on a case includes
- Police reports
- Medical bills and records
- Insurance investigator reports
- Witness statements
- Repair estimates
- Journals that highlight pain and suffering
Visual Evidence
When you’re looking to cut through the fog of ambiguity, there is nothing quite like visual evidence that documents the critical moments that lead up to and follow the crash. The ability to present a first-hand account of the accident can significantly strengthen a claim, demonstrating the extent of the damage and giving life to circumstances highlighted in reports. The visual evidence that should be considered includes
- Phone recordings made by the victim or by-standers
- Dash cam footage
- Traffic cameras
- Security footage from residences and businesses near the crash site
We can also consider the accounts of witnesses as a form of visual evidence. They add a layer of context to the accident even the most definitive pieces of evidence cannot provide. However, one must exercise a degree of caution when building a case based on witnesses statements. People tend to view events from different perspectives and thus can form their opinions based on their biases and prejudices. At the same time, witnesses’ memory will degrade over time, making it necessary to obtain their accounts as soon as possible so as not to compromise the information quality.
Electronic Evidence
In the modern world, wherever you go, your cellphones and electronic signature follow. If you have been texting while driving, your call logs, text messages, and data usage will reveal what you were doing right up to the moment of the incident; the same applies vice versa. Furthermore, many social media apps use location tracking, thus giving a greater level of certainty as to your electronic activity right up to the moment of the crash. Phone activity that correlates with the time of the crash will build a strong presumption that you were either reckless or negligent.
Conclusion
Evidence or the lack thereof can make or break your case. From scene photographs to medical reports and witness statements, every detail matters when proving fault and fighting to secure the compensation you deserve. At Gabriel Law, our accident injury lawyer Bronx team understands how to take steps that need to be taken to meticulously gather, preserve, and present the right evidence. If you or your loved one has been injured in a motorcycle accident, don’t leave your claim to chance—contact us today and schedule your free consultation. Let Gabriel Law help you take the next step towards justice and recovery.
