The Significance of Evidence in Motorcycle Injury Lawsuits

motorcycle accident

Evidence will be your strongest ally when seeking justice and compensation following a motorcycle accident. It showcases the situation without bias and acts as irrefutable statements to the hardline facts. 

As you consult a motorcycle accident lawyer, presenting them with solid evidence can bolster your case significantly, which makes the process of claiming just compensation much easier.

Overview of Motorcycle Accidents in Canada

From 2016 to 2020, Canada registered an average of around 730,200 motorcycles and 23,107,200 light vehicles annually.

In terms of fatalities, according to Statista’s report, 200 motorcyclists and moped riders were killed in road traffic collisions in Canada in 2018, which is higher than the previous year. 

An average of 205 motorcyclists died in traffic collisions per year in the country between 2016 and 2020.

Year Number of Fatalities

However, the figures in Alberta are even more alarming. From 1995 to 2006, there were 286 motorcyclists killed and 712 severely injured in Alberta, which represents a total of 998 injuries and deaths. 

According to the statistics from a motorcycle-related report, motorcyclists in Alberta are more than 3.5 times more likely to get injured or die than other motor vehicle drivers.

The impact on healthcare was also revealed. During the study, motorcyclists accounted for 10,760 bed days, with each admission costing an average of $9,200 in 2008. 

The high expenses involved in treating a victim of a motorcycle accident make it crucial for them to seek a fair settlement. Thus, presenting evidence to win the case is vital.

Types of Evidence in Motorcycle Injury Lawsuits

Physical Evidence

Tangible materials or objects relevant to the case. It could be the following:

  • Damaged motorcycle
  • Helmet
  • Road conditions
  • Other items from the accident scene

Skid marks on the road or the point of impact can provide significant insights into what transpired, helping reconstruct what happened. Photos or videos capturing the scene immediately after the accident are also physical evidence.

Medica Evidence

Constitutes any document related to the injuries the motorcyclist has obtained. This could be:

  • Medical records
  • Diagnostic tests
  • Treatment plans
  • Expert medical opinion

X-rays showing fractures and MRI scans revealing soft tissue injuries can corroborate how severe the injuries the victim has sustained after the accident. 

Witness Testimony

Involves statements from witnesses who saw the accident or its aftermath. They can enlighten law professionals on the following:

  • Speed of the vehicles
  • Traffic conditions
  • Behaviour of the parties involved

For example, a witness can testify that a motorist ran a red light.

Doctor’s Report

An assessment provided by medical experts details the injuries, prognosis, and long-term effects of the accident and injury on the victim’s health. This may include:

  • The Doctor’s diagnosis
  • Treatment recommendations
  • Opinion on the link between the accident and the injury

For instance, a neurologist’s report may highlight the neurological damage sustained after a motorcycle accident.

Importance of Gathering Evidence Promptly

  • Helps clearly establish fault: Gathering accurate evidence helps motorcycle accident attorneys pinpoint responsibility to ensure the blame is appropriately assigned.
  • Assists in precisely remembering details: You must gather evidence promptly to ensure the details of the motorcycle accident remain precise. This provides a clear, unbiased account of the incident.
  • Contribute to strengthening your legal case: By presenting concrete proof to your accident lawyer, you give them the proper tools to represent you well during your case.
  • Prevents fabrication or tampering: Immediate evidence collection prevents misconduct, ensuring the truth always prevails.

Challenges in Evidence Collection for Motorcycle Injury Lawsuits

Bias Against Motorcycles
Bias or prejudice against motorcyclists can influence perceptions of fault or liability. It can potentially affect the gathering and interpretation of evidence.

Difficulty in Obtaining Witness Statements
Securing accurate statements from witnesses may also be challenging due to factors, usually of human nature, such as memory inconsistencies, witness reluctance, and the transient nature of onlookers at accident scenes.

Lack of Black Box Data
Black boxes provide pertinent information on vehicle speed, braking, and other parameters during the accident. However, the lack of data from these recorders limits the availability of substantial evidence.

Limited Physical Evidence Preservation
Physical evidence at motorcycle accident scenes, like debris or skid marks, may quickly dissipate due to the flow of traffic and weather conditions, which makes it challenging to reconstruct the events leading to the incident accurately. 

Insufficient Documentation of Road Conditions
Road conditions, like potholes and uneven surfaces, are also causes of motorcycle accidents. However, documenting them during the incident may prove challenging.

Steps on How to Collect Evidence

Step 1. Jot Down What You Remember

Accidents can happen before you know it. When other parties blame you for the accident, don’t be afraid to admit fault, as what you say at the accident scene may be used against you in court. 

To manage this, document the accident by writing down everything you remember. This guarantees your version of the story remains consistent and truthful throughout your claim for damages. 

2. Take Lots of Pictures

Once the vehicles involved are already off the road, it still helps to take plenty of photos of the accident scene. You can also take pictures of the damage done to your motorcycle from various angles. 

Providing your insurance agent with as many details as possible concerning the accident will increase the chances of being compensated fairly. Take pictures of the damages, big or small. 

3. Gather Information

Speak with anybody you think was involved in the accident and trade as much information as possible. Before you file a police report, collate names, contact numbers, and vehicle information from other drivers or passengers involved. 

Do not just walk away from the accident and speak to a lawyer without holding your version of the information. This also shows you’re prepared for the legal case.

4. Talk to Witnesses 

The parties involved in the motorcycle accident will usually be biased in their statements, as they want to get the blame off them as much as possible. Thus, speaking with witnesses will strengthen your case.

People who saw the accident first-hand from their vantage point may provide more evidence regarding who was in the wrong. Again, remember here that accidents happen in the blink of an eye. 

motorcycle accident lawyer

Consult With a Motorcycle Accident Lawyer

Aside from representing you in claiming your compensation, a motorcycle accident attorney could help you, especially when your insurance denies your claims, or you are wrongly accused of being at fault. 

If you have been injured in a motorcycle accident, you should not take matters into your own hands. Having a qualified legal professional by your side will make all the difference. Turn to Sidhu Personal Injury Lawyers Calgary to strategize the best resolution for your case.

Frequently Asked Questions

How a motorcycle accident lawyer can help you in gathering evidence?

A motorcycle accident lawyer can assist you in gathering evidence in several ways:

  • Motorcycle accident lawyers have experience collecting various pieces of evidence critical to your case.
  • We have the resources to conduct thorough investigations into the accident’s circumstances. 
  • We understand the legal requirements for admissible evidence and can ensure that all necessary documentation is obtained and preserved correctly.
  • Motorcycle accident lawyers work with a network of medical professionals, accident reconstruction specialists, and other experts who can provide credible testimony to support your case.
  • We can use the evidence gathered to negotiate with insurance companies on your behalf or present a strong case in court if a settlement cannot be reached.

What happens if the evidence is inadequate in a motorcycle injury lawsuit?

Inadequate evidence in a motorcycle injury lawsuit tends to weaken the case and lessen the chances of obtaining a favorable outcome. Without compelling evidence to support your claims, the defendant may contest liability, which leads to protracted legal battles or even case dismissal. 

What’s the average compensation for a motorcycle accident claim? 

Payouts for motorcycle accidents can range from a few thousand dollars to over $1,000,000. The severity of your injuries is a key factor in determining what you might receive. However, the unique details of your case can significantly impact whether your potential settlement or verdict increases or decreases.

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