The Los Angeles metropolitan area is famous not only for its highways and heavy traffic, but it also has great weather throughout the entire year, which provides a good opportunity for motorcyclists to regularly ride their bikes all year long.
A lot of vehicles share the roadway daily, so collisions between motorcyclists and other vehicles happen all day long in Los Angeles. When a motorcycle crash occurs, one of the most important aspects of any case will be proving fault for the crash.
Evidence such as medical records, police reports, and witness statements can help prove liability. An experienced Los Angeles motorcycle crash lawyer will understand how to provide evidence that supports a claim for negligence by providing organized, persuasive, and clear proof relative to the incident itself.
What Must Be Established to Show Negligence After a Motorcycle Accident?
Four essential things need to be proved with evidence for success in a motorcycle accident claim:
- There was a duty of care owed by another driver to operate the vehicle reasonably.
- The other driver breached that duty by driving carelessly, recklessly, or intentionally.
- The breach was the direct cause of the accident.
- The motorcyclist sustained a measurable amount of damage as a result of his or her injuries.
What Evidence is Most Important for Your Case?
The best physical evidence gathered during an accident scene is instrumental in reconstructing events. Examples of some of this evidence in motorcycle accidents include:
- Photos of the vehicles, their locations, and their damages
- The location of any skids or debris
- The placement of traffic signals or signs and any signs of road conditions
- The weather and lighting conditions at the time of the accident
Establishing the accident scene with these types of evidence helps show impact angles, speeds, and how each driver behaved.
In Proving Negligence, What Role do Police Reports/Statements Play?
Independent documents can be critical to supporting a claim of negligence since they give an objective view of what happened. Some examples of independent documents include:
- Police report of the accident and any citations given to those involved
- Observations by police officers who were present at the scene
- Statements from neutral witnesses who observed the accident
- Written statements were given shortly after the accident.
These independent documents can provide supporting evidence that violations of traffic rules occurred (for example, speeding, failing to yield to oncoming traffic, or driving while distracted) and therefore support a claim of negligence against the at-fault party.
How Are Medical Records Important?
Medical records can be important because they provide a link between the injuries suffered as a result of the accident and the accident itself. Some examples of important medical documentation include:
- Emergency treatment reports
- Diagnostic imaging (such as X-rays or MRIs)
- Physician evaluations
- Ongoing treatment/rehabilitation records
When You Need Expert or Digital Evidence
In complex cases, there can be other types of evidence that will resolve disputed facts:
- Accident reconstruction analysis
- Traffic camera/surveillance footage
- Dashcam footage
- Cell phone usage data
Each of these types of objective evidence may be used to conclusively establish liability.
Key Takeaways
To establish the claim of negligence, there is a need for clear and compelling evidence to support:
- Documented duty and breach
- An exhaustive investigation of the scene
- Police and eyewitness testimony
- Comprehensive medical records
- Expert or digital assistance if necessary
