Evidence is important after a motorcycle accident in Arizona. Evidence refers to the facts, documents and information available to prove a claim that is being made. In Arizona, an injured motorcycle accident victim must provide clear and convincing evidence that the other driver is at fault to recover compensation through that driver’s auto insurance company. Learn about the types of evidence you may be able to use to support your motorcycle accident claim.
A Police Report
The police report is a critical piece of evidence for a few reasons. First, it shows an insurance company that you obeyed Arizona’s crash-reporting requirements by calling the police after a collision. Second, it provides an unbiased overview of the facts of the case, such as the time, date and location of the wreck. Third, it may contain the police officer’s opinion on the cause of the accident, such as if a driver is cited for speeding or drunk driving. While an officer’s opinion will not definitively prove fault, it can be used as evidence against the driver.
Eyewitnesses are people who saw the motorcycle accident take place. They can offer unique insights and perspectives that no one else can. For example, an eyewitness might have seen the vehicle and gotten partial plate numbers if you were injured in a hit-and-run motorcycle accident, helping the police to identify the culprit. You can collect eyewitness statements by interviewing bystanders and getting their contact information before you leave the scene.
Photographs From the Scene
Photographic evidence is important, as it can provide indisputable proof. A photograph showing that there are no brake marks on the road leading up to the point of impact, for example, could prove that the driver was not paying attention enough to try to avoid the collision. Take photographs using your cell phone or a camera while you are still at the scene of the motorcycle accident, if possible. Be sure to get close-up pictures of key details, such as damage to your clothing or motorcycle, as well as wide-lens shots of the entire accident scene.
More and more motorcyclists in Arizona have begun wearing GoPro cameras while they ride. These cameras can record a ride and possibly catch an accident on film. If so, the motorcyclist can use this footage to prove that the other driver is at fault. Even without GoPro or dashcam footage available, there may be nearby traffic cameras or surveillance cameras that caught the crash on tape.
Proving that a driver or another party is at fault for your motorcycle accident is key, as this is what will make you eligible for financial benefits through the driver’s insurance company in Arizona. The other thing that you must prove, however, is that you suffered losses in the accident. Losses may include physical injuries, emotional distress, medical bills and lost wages. You can start proving these losses by obtaining copies of your medical records. These records can prove the existence, type and extent of the injuries that you suffered in the crash.
Finally, an expert witness can serve as a strong form of evidence to support a motorcycle accident claim. Expert witnesses are people who testify as to specific details of the case based on their status as an expert on the subject. Expert witnesses are typically professionals who have spent years working or teaching in a relevant field. If you wish to prove the extent of a traumatic brain injury after a motorcycle accident, for example, you can hire a medical expert to demonstrate to a jury how significantly the injury will impact your life.
For assistance preserving and collecting evidence after a serious motorcycle accident, contact the Peoria motorcycle accident lawyers at The Law Offices of John Phebus.