According to the National Highway Traffic Safety Administration, there are approximately 5100 motorcycle fatalities reported yearly due to motorcycle crashes in the United States. These figures translate to 25.48 deaths per 100000 vehicular miles traveled. The statistics don’t lie, and it’s a known fact that you have a higher chance of suffering injuries during a motorcycle accident than in a car accident.
Should you have suffered injuries due to a motorcycle crash, you might be wondering what you need to prove in order to win a motorcycle crash lawsuit. A California motorcycle attorney can help you establish what you need to prove your case. If you want to obtain compensation, it is in your best interests to seek legal counsel and employ a qualified professional attorney’s services as soon as possible.
How Are Motorcycle Crashes Different from Car Accidents?
There are numerous ways that car accidents are different from motorcycle accidents. As we previously mentioned, motorcycle accidents cause more injuries than car accidents. Statistically, only 20 percent of all car accidents result in personal injuries, while 80 percent of all motorcycle accidents result in injuries.
Additionally, according to 2018 road statistics in America, motorcyclists are 27 times more likely to die in a crash. As a victim, it’s important to keep in mind that there may be certain legal issues at play in your case that may not affect non-motorcycle accidents. For example, whether a motorcyclist was wearing the correct safety gear could affect their case’s outcome.
You Will Need to Prove Your Injuries
One of the most important things you will need to prove if you hope to win your motorcycle crash lawsuit is that the injuries you sustained were due to the crash. The first step in establishing these injuries is to seek medical attention immediately after the collision occurred. When you report your injuries straight away, you will immediately have a medical record that you can use to prove you were injured in the accident.
Additionally, you can use all future medical appointments as a record of injuries sustained, such as therapy sessions, follow-up appointments, and rehabilitation sessions. Make sure to keep many copies of all medical bills received and medical reports such as prescriptions, x-ray scans, and blood tests.
You Need to Establish Fault
Arguably one of the most important things you will need to prove if you hope to win your motorcycle crash lawsuit is who was at fault. Determining who was at fault will significantly contribute to the outcome of your case. This aspect is key to you being able to win compensation for the injuries you sustained during the crash. For example, you will need to prove if the accident was the fault of the other person’s negligent actions involved in the crash or if it was due to a defective product.
Remember, once your injuries have been recorded, you need to prove the accident’s cause as you won’t be allowed to seek compensation until this has been determined. An attorney can conduct an investigation alongside professionals to establish who or what caused the motorcycle crash.
Evidence Needed to Prove Negligence for a Motorcycle Crash
Below we have listed some of the evidence that could be used to prove negligence in a motorcycle crash lawsuit. In some instances, the at-fault party will refuse to accept liability for the accident. Ultimately and unfortunately, if this is the case, you will have to ensure you have the following evidence available to prove that the other party is liable.
- Surveillance footage of the accident.
- Police reports about the crash.
- Various eyewitness reports.
- Cell Phone records of all involved parties.
- Vehicle service reports.
- Photos and recorded statements pertaining to the accident scene.
It can be challenging to prove you were not at fault for a motorcycle crash. Additionally, many people might not know what they need to prove to win a motorcycle crash lawsuit once they have decided to initiate one. If this is the case and you are unsure what you need to do and what you need to prove to win a motorcycle crash lawsuit, you should retain a California motorcycle accident attorney. The quicker you act, the more likely you will achieve a favorable outcome. Make an appointment with a motorcycle attorney at your earliest convenience to discuss your lawsuit.