Settlement Factors in a Motorcycle Accident Case
In order to successfully prove your motorcycle injury and property loss due to an accident in court, you need to have proper knowledge and experience. Timing is an important factor when claiming for damages due to injury in a motorcycle accident. If you have been involved in a motorcycle accident, you should acquire services of a motorcycle accident lawyer as soon as possible.
Your motorcycle accident lawyer will guide you if you need to file a lawsuit and against whom your lawsuit should be. Most motorcycle accident claims are settled before trial, so there is a possibility that even after filing the lawsuit you may never have a formal trial before a judge or jury.
However, if the negotiations between your motorcycle accident lawyer and the representative of opposite party do not result in a settlement, then a formal trial in court is needed to decide your case.
Providing evidence of negligence
When it comes to proving a motorcycle injury in court, most claims are brought under the legal theory of negligence. The theory suggests that a person is negligent under the law, even if he had no intention to do harm but caused injury to someone anyway because he did not act in a careful manner.
Laws in different states concerning negligence are quite similar; court requires proof of following four elements in order to prove your motorcycle injury.
- Duty: It is expected from every driver to operate the vehicle carefully, therefore the defendant had a duty towards others to act with care and not cause them any harm.
- Breach: By driving unsafely, the defendant has breached that duty.
- Causation: That breach of duty was the cause of motorcycle accident.
- Damages: The fact that you suffered an injury or property loss because of the accident.
You need to prove the above four elements in order to establish your motorcycle injury claim in court, with the help of evidence and witnesses.
However, before the trial begins in court formally your motorcycle accident lawyer will use all the evidence to show the defendant’s side that settlement is the best solution. If settlement is not possible, your lawyer will use this evidence to prove the case in court.
Important evidence in motorcycle accident
- Witnesses: Statements collected from the witnesses are extremely important evidence in a motorcycle injury claim. In case of an accident try to collect the complete contact information of all the potential witnesses, also take notes from their observations.
- Your helmet: Don’t alter your helmet or other accessories you had at the time of an accident. Make sure you have photographed it at the scene. If you were wearing a helmet at the time of accident, it is a great way to prove that you did not contribute to your own injuries in any way.
- Medical reports: In order to support your claim and get compensation for your injuries, you must have a medical record. Get copies of all the medical documents including paramedic’s notes, admitting charts and test reports.
- Police report: Police report is important evidence when proving your motorcycle injury in court. In the report the officers make diagram of the scene, and contact information of witnesses is also listed. Weather conditions and important details are described.
- Photographs and journal: In case of a motorcycle accident, try to use a camera or your cell phone to take photograph of the scene. Photographs of your damaged bike can serve as important evidence when proving your motorcycle injury in court.
- Surveillance cameras: Footage from any surveillance camera close to the accident scene can serve as excellent evidence. You should search for the surveillance cameras, note their location, and ask for the copy of tape from the owner.
If you have suffered injuries in a motorcycle accident that was not your fault, seeking immediate professional help is of vital importance. Your motorcycle accident lawyer can help you get compensation for the damages. The sooner you file your lawsuit, the better chances you have of proving your motorcycle injury in court.