Important Evidence of Negligence in a Motorcycle Accident Claim

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Motorcycle Accident Attorney

When you are injured in a motorcycle accident, the responsible party is liable to pay for medical lost wages, lost earning capacity, medical expenses, property damage, pain and suffering, and any other damage that you incurred. Unfortunately, motorcycle accident claims are one of the trickiest cases to litigate. Proving fault in such cases is often difficult due to the nature of injuries and contributing factors that caused the accident. Some motorcyclists even think that they are treated more strictly than victims of passenger vehicle accidents and there is a degree of biasness in judgment. However, that is not the case.

To ensure that you get fair compensation for the damages you sustained in a motorcycle accident, it is imperative that you gather evidence to support your claim. The following are some important pieces of evidence that can help you prove negligence of the responsible party.

Medical Records

Medical records are the most important piece of evidence, as they are among the major decisive factors of how much money you should get to recover the damages. If you were taken to the emergency room in an ambulance, it is likely that paramedics gave you first aid and took notes of your condition. You should get copies of those notes, as well as written diagnosis of the emergency room doctor, and reports of medical tests like X-ray, CAT scans, and MRIs.

Police Reports

After an accident, it is common for the police to investigate the scene and make a police report. The report contains contact information of witnesses and their statements and photographs of the accident from different angles. It may also have notes regarding whether the motorist was speeding, failed to yield the right of way, or any other contributing factor that may have caused the accident.

Surveillance Cameras

Recordings from surveillance camera can be a valuable piece of evidence. Visit the shops, city-owned properties, gas stations, or schools close to the accident scene, and ask their owners whether they have surveillance cameras in place. If they do, request them to provide you with the recording. If they refuse to do so, you can ask your personal injury attorney to subpoena them.

Helmet

The law requires motorcyclists to wear a helmet for their own safety so that they don’t sustain severe head injuries. Your helmet can play an important role for establishing that you didn’t contribute to your face or head injuries, which will decrease the percentage of comparatively negligence.

Witnesses

Eye-witnesses and their statements and testimonies are invaluable. There is a chance that the police may have not spoken to all of them, and even if they did, they didn’t properly note down their statements. You can ask your personal injury attorney to interrogate them and gain valuable insights into how the accident happened to strengthen your claim.

Motorcycle accidents can result in serious injuries that can take a toll on your health and wellbeing in many ways. Since many factors can affect a motorcycle accident claim, it is advisable to hire a personal injury lawyer to build a strong case. Contact Fisk & Monteleone LTD. today at 815-209-9030 to schedule a free case consultation with one of our experienced personal injury lawyers.

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