What Evidence Helps Win a Motorcycle Accident Case?

Winning a motorcycle accident case requires evidence of liability (i.e., evidence that proves who was at fault in the accident) and evidence of damages (i.e., evidence of the losses you are entitled to recover). Both types of evidence can take many different forms, and gathering the evidence you need demands experienced legal representation. This is one of several reasons why it is important to have an experienced motorcycle accident attorney in Dallas on your side.

If you have been seriously injured in a motorcycle accident, seeking the compensation you deserve will help ensure that the long-term consequences of the accident are no greater than necessary. Seeking just compensation after a motorcycle accident is a multi-step process that starts with gathering evidence at the scene of the crash.

But while the crash site is one key source of evidence, proving your legal rights will involve gathering evidence from other sources as well. You will need several forms of evidence to win your motorcycle accident case—and this makes it critical to work with an experienced motorcycle accident attorney in Dallas throughout the process.

What Are the Two Types of Evidence You Need to Win a Motorcycle Accident Case?

As a motorcycle accident victim in Texas, it is up to you to prove your legal rights. The insurance companies are not simply going to pay what they owe. If you have a claim, you will need two key types of evidence to seek the financial compensation you deserve:

1. Evidence of Liability

Evidence of liability is used to prove that you are entitled to just compensation for your accident-related losses. In most cases, liability for a motorcycle accident is based on driver negligence—and proving liability involves gathering evidence that proves the driver who hit you deserves to be held accountable.

But motorcycle accident cases can also involve other types of liability claims. For example, injured riders may also have claims arising from motorcycle defects in some cases. As a result, before you move forward with pursuing a motorcycle accident case, you first need to gather evidence that proves who (or what company) deserves to be held accountable.

2. Evidence of Damages

Along with evidence of liability, successfully pursuing a motorcycle accident case also requires evidence of damages. In other words, along with proving that you are entitled to just compensation, you also need to be able to prove how much you deserve to recover.

Pursuing an insurance claim after a motorcycle accident is generally a two-stage process. The first stage involves establishing liability. If you can convince the at-fault party’s insurance company to accept liability, the focus then shifts to calculating the value of your claim. Both stages are equally important and may require different forms of evidence depending on the circumstances.

How Do You Gather Evidence of Liability After a Motorcycle Accident?

Gathering evidence of liability after a motorcycle accident generally starts with conducting an on-scene investigation. Various forms of forensic evidence may be available, and this evidence can be critical for accident reconstruction. Along with forensic evidence at the crash site, other types of evidence that may be available include (but are not limited to) the driver’s cell phone records, traffic or surveillance camera footage, social media posts, and eyewitness testimony.

How Do You Document the Financial and Non-Financial Costs of a Motorcycle Accident?

Documenting the financial and non-financial costs of a motorcycle accident also requires several forms of evidence. These include the rider’s medical and employment records, photos and videos, expert reports, detailed notes on the accident’s day-to-day effects, and testimony from friends and family members. Once you hire an attorney to represent you, your attorney will be able to assist with gathering the evidence needed and calculating the damages you are entitled to recover.

FAQs: Collecting the Evidence Needed to Win a Motorcycle Accident Case in Texas

Do I need to hire an attorney to investigate my motorcycle accident?

If you have been seriously injured in a motorcycle accident, we strongly recommend hiring an attorney to conduct an investigation right away. You will need evidence of liability to prove your legal rights, and it will be important to conduct an investigation before any key evidence disappears.

What should I do to document my pain and suffering after a motorcycle accident?

Damages for pain and suffering in serious motorcycle accident cases can be substantial, so documenting these “non-financial losses” can be a key step toward seeking the financial compensation you deserve. To document your pain and suffering, you should be sure to attempt all medical and therapy appointments as scheduled, and you should take notes about the accident’s effects on a daily basis.

What if I disagree with the insurance companies’ assessment of liability or damages?

As an injured rider, it is up to you to protect your legal rights. Even if you are clearly entitled to financial compensation, the insurance companies will fight to avoid liability; and, if they eventually accept liability, they will try to convince you to settle for less than you rightfully deserve. To protect your legal rights, you will need an experienced motorcycle accident attorney on your side.

How a Motorcycle Accident Attorney in Dallas Can Help

If you have a motorcycle accident case, our attorneys can work quickly to make sure you have the evidence you need to recover the financial compensation you deserve. We can send an investigator to the crash site right away and work with your doctors and other experts to thoroughly document your accident-related losses. The sooner you contact us, the more we can do to help.

Contact Us for a Free, No-Obligation Consultation Today

To get the help you need from an experienced motorcycle accident attorney at Hammerhead Motorcycle Law, contact us today. With offices in Hurst, we represent injured riders throughout the Dallas area and statewide. Call us at 469-896-1713 or send us your contact information online to schedule a free, no-obligation consultation as soon as possible.