Motorcycle accidents more often than not result in multiple injuries on the rider, more so if the accident involves a speeding vehicle. This is because a motorcycle is more open, and safety gear is limited to only a few body parts. Meanwhile, getting an insurance claim from an insurance company isn’t a walk in the park. The process can be frustrating. You may think the liability is clear from your perspective, but without a significant body of evidence, you may lose your case. This is why it’s always pertinent to understand the San Diego brain injury JD law.
If your injuries can’t enable you to perform the process of evidence gathering, you can rely on someone you trust to do it on your behalf. While there is no limit to the amount of evidence you can gather, the main point is to get enough crucial evidence to build a strong case and support your claim in a way that leaves little room for a challenge by the insurance adjuster. There are two types of evidence we’ll go through in this respect. The first type will prove the other party’s liability, while the other will prove the damages you incurred.
Evidence to Prove Liability
Having enough evidence to prove that the fault wasn’t from your side is the most important step to increase the probability of securing your claim. Some of this crucial evidence will include;
The police report will help shed light on what occurred and help prove the cause of the crash. The police officer will take statements from all the parties involved, including witnesses, plus a representation of the accident scene in the form of a diagram and use them to conclude the cause of the accident. The police report is not admissible in court but can technically prove to the insurance company as to the liable party.
Eye Witness Accounts
Eye witness accounts help in strengthening proof of the other driver’s negligence. You must get their contacts just in case they won’t be in the police report. Expert witnesses, like doctors, can also be hired in case their knowledge may be required in corroborating something.
You can record videos of the crash site or, even more important, get any videos that captured the crash. These can be from surveillance footage from nearby premises, dashcam recordings from cars that capture it, or your helmet video cam.
Photos from the Scene
Captured photo scenes from the crash can be beneficial in proving and reconstructing what happened. You can take photos with your phone or, if too injured, request a bystander to help. Ensure they are taken from various angles and things like skid marks, debris, and the motorbike’s position.
The Damaged Motorcycle and Gear
The motorcycle can provide crucial insights for reconstruction experts as to what happened and help attorneys demonstrate how various damages occurred. It’s not advisable to conduct urgent repairs until you’ve cleared with your insurance company. However, if you need to, then ensure to take detailed images from every angle.
Damaged gear or torn clothes can also be useful, so keep them safe.
Drug and Alcohol Test Results
If the negligent driver was under the influence of alcohol or drugs, then toxicology reports can be beneficial. The law enforcement officer who’ll visit the scene should ensure they are taken if there was reason to believe they were intoxicated or under drug influence.
Evidence to Prove Damages
Proof of both physical and psychological damages incurred will help in augmenting your claim’s worth. They include;
Medical Reports and Bills
You should keep a record of medical reports from the injuries sustained. They’ll be important in proving the extent of your injuries. Hospital bills will be proof of the damages you suffered as a result.
Accident Related Bills and Receipts
These are all the expenses you suffered directly as a cause of the accident. They can range from bills from hiring assistance around your home to receipts from your home renovation to fit your disability.
Mental Health Expert Reports
A mental health expert can give a report and an opinion on the extent of emotional impact and anguish the accident had on you after assessment. Such testimony from an expert is important in determining the actual damage beyond what can be seen physically.
Proof of Income Loss
Suppose the accident rendered you unable to work; proof of the loss of income would come in handy. You should also get a report from your employer detailing your usual pay and the number of days you’ve been absent from work