Gathering Evidence to Establish Negligence in a Motorcycle Accident in Calgary

If you’re seeking compensation for a Calgary motorcycle accident through an insurance or personal injury lawsuit, your case will probably revolve around negligence. Negligence is a complex personal injury law aspect involving various rules and conditions. If you need help proving negligence in your motorcycle accident case, it’s wise to talk to a skilled Calgary motorcycle accident lawyer.

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What Does Negligence Mean?

Negligence is the failure to exercise sufficient care, potentially resulting in accidents or harm to others. A duty of care is a legal principle that necessitates acting reasonably and responsibly according to the specific circumstances. For instance, all drivers are obligated to take measures to avoid collisions.

In motorcycle accidents, negligence frequently arises from driver errors, such as disregarding traffic regulations or operating the vehicle recklessly. Some common examples are:

  • Overspeeding
  • Driving while not paying attention
  • Driving under the influence of alcohol
  • Driving recklessly
  • Making illegal turns
  • Cutting off motorcyclists
  • Following too closely
  • Unsafe lane changes
  • Not yielding
  • Running red lights and stop signs

You usually have to prove negligence to get compensation for a motorcycle accident. That’s because some states use a fault-based insurance system, which means the person who caused the accident has to pay. In states with no-fault insurance, everyone got the advantage from their insurance companies, no matter who caused the accident.

Proving Negligence in a Motorcycle Accident in Calgary

Motorcycle accidents appear to increase in Calgary, particularly in busy areas, where accidents can happen more often due to the vibrant nightlife and crowded streets.

Establishing negligence in a motorcycle accident is not as simple as it can seem. It requires having enough evidence and making the right claims to support your case. To show negligence, you must demonstrate one or more of the following elements:

  1. Showing the Defendant Had a Duty to Care

The first step is to prove that the defendant had a duty of care. To show it means proving that they were supposed to be careful and considerate while driving, just like everyone else on the road. It’s like a responsibility to ensure the safety of others while driving, and this is the easiest part to demonstrate in a case.

  1. The Defendant Didn’t Fulfill Their Duty of Care

Next, you must prove that the defendant didn’t meet their responsibility to be careful. The point is that a regular and sensible person facing the same situation would have acted more carefully and responsibly.

This part can be more complicated, especially if the accident is confusing and difficult to understand.

For instance, if the defendant tried to avoid hitting a child who ran into the street and hit him, it would be hard to show that they breached their duty, as many people would swerve in that situation.

  1. Proving the Negligence Causes Your Injuries

After successfully showing that the defendant had a duty to be careful and failed to meet it, you must now prove that your injuries happened because of their careless actions.

Injuries can be evident, like broken bones or wounds, or they can be detected through medical tests, like a concussion. But some injuries are harder to demonstrate, like physical pain, suffering, fear, memory loss, or PTSD.

Proving the existence and seriousness of these injuries is challenging, but you must establish the link between the injuries and the defendant’s actions.

  1. You Experienced Losses Because of the Negligence

If you faced losses beyond injuries due to the accident, these losses could be crucial in proving negligence and getting suitable compensation.

Losses differ from injuries but are often linked to them, like the expenses for injury treatment. It can also cover fixing or replacing your vehicle or other belongings.

The damages you went through because of the accident can involve:

  • Medical bills
  • Hospital expenses
  • Prescription medication costs
  • Physical therapy expenses
  • Lost wages
  • Reduced ability to earn money
  • Property damage
  • Pain and suffering (emotional or physical)

Important Evidence to Support Your Case After a Motorcycle Accident

It’s essential to gather evidence as soon as possible after your motorcycle accident. This evidence will help prove what caused the accident, your injuries, and the compensation you should receive. Below are the recommended types of helpful evidence:

Police Report

The police officer who arrives at the motorcycle accident scene will investigate and create a report. While the report itself can’t be used in court, it can contain valuable information to support your case, such as:

  • Statements from you and the negligent driver
  • Witness statements
  • A description of how the crash happened
  • A diagram of the accident scene
  • The officer’s conclusions about who caused the collision
  • Any traffic citations given

Take Necessary Photos

Use your phone to take pictures of the damage to both vehicles, your motorcycle, the crash site, weather conditions, skid marks, injuries, and anything else that can help show how the accident happened. If you’re too injured, ask someone nearby to take the photos.

Get Witness Statements

Collect contact information and statements from witnesses who saw the crash. Their accounts can support your case by confirming the other driver’s negligence. They may be much more persuasive to the other driver’s insurance company regarding their liability for your injuries if they don’t know you.

Check Insurance Policies

Get the negligent driver’s insurance policy to see how much coverage they have for compensation. Review your policy if you need to file a claim if the at-fault driver doesn’t have enough insurance.

Gather Medical Records

Having detailed medical records is crucial. They prove the seriousness of your injuries, the treatments you need, and your expected recovery.

Use Expert Witnesses

Depending on disputes with the insurance company, you need to hire expert witnesses. A medical practitioner is often necessary; other key people, like accident reconstruction professionals, engineers, or economic consultants, can also be helpful.

Proof of Your Damages

You must also demonstrate the amount of compensation you deserve. The following are the types of evidence you should gather:

  • Medical bills
  • Pay stubs and other records of lost wages, benefits, commissions, and job-related perks you missed out on
  • Estimates and receipts for fixing or replacing your motorcycle, helmet, clothes, or any other belongings damaged in the accident.

Seeking Compensation if Someone Else’s Negligence Injured You

Once you’ve shown that the accident and your injuries happened because of negligence, you could have a chance to get financial help for your losses. A lawyer can assist in determining how much your damages are worth and work to get you a fair settlement.

You could receive compensation for:

  • Medical bills, including ongoing healthcare costs, assistive devices, and medications
  • Lost income, which includes wages, bonuses, and retirement contributions
  • Future loss of earning capacity
  • Expenses for property damage
  • Pain and suffering

Be cautious about trusting the insurance company to offer you a fair deal. They will try to downplay your damages with a low settlement offer or even blame you for the accident. But you have the right to turn down any unfair offers. You can also get legal help to prove negligence and seek proper compensation.

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Get Help From the Trusted Sidhu Law Office

If you’re a motorcycle rider injured, you can ask for money and help to cover your injuries and losses. To support your request, it’s important to team up with a motorcycle accident lawyer who knows about these cases. A great lawyer will guide you through the legal procedures and assist you in getting the compensation you deserve.
If you or someone you care about had a motorcycle accident in Calgary, get legal help quickly. At Sidhu Personal Injury Lawyers Calgary, our motorcycle accident lawyers know a lot about these cases and are committed to helping our clients to get through complicated legal matters. Contact us now to set up a meeting to assist with your situation.


Witness statements can support your claim by providing independent accounts of how the accident happened. They can help speak up about your version of events and demonstrate the other party’s negligence.

Medical records can provide evidence of your injuries and their severity, which helps establish the accident’s impact on your well-being. They can also show the connection between the accident and your injuries, further supporting your negligence claim.

An Accident Reconstruction Professional is an expert with specialized knowledge who conducts thorough investigations and analyses of accidents. Their primary objective is to ascertain the factors contributing to the incident and reconstruct the sequence of events leading up to it. 

An accident reconstruction professional can be valuable in recreating the accident scene and determining the cause of the crash. Their expertise can provide valuable insights into establishing negligence in a motorcycle accident case.

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