Our Motorcycle Accident Lawyer Explains What Proof You Need to Win
If you have been injured in a motorcycle accident, you may be entitled to substantial financial compensation, but only after you can prove fault. It takes physical evidence to demonstrate liability that you may not necessarily have in your possession right after the accident. When you hire a motorcycle accident lawyer, they will work to gather this proof to put you in the strongest position to file a claim or lawsuit. Case Barnett Law relies on teamwork and dedication to our clients’ needs to deliver you the best possible result.
How to Win Your Motorcycle Accident Case
You win a motorcycle accident case when you prove someone else was negligent. In legal terms, negligence means that someone else did something that would be considered unreasonable under the circumstances. For example, a driver can be liable when they make an illegal left-hand turn that cuts across your path because reasonable drivers don’t do that. You cannot even begin to talk about a settlement until the insurance company has accepted liability for the motorcycle accident.
You have the burden of proof to demonstrate your case by a preponderance of the evidence. This means that the facts that you are alleging are more likely than not to have occurred. The standard of proof is akin to 51% certainty (as opposed to the beyond a reasonable doubt standard that the prosecutor must meet in a criminal case). For everything you say, you need to have physical evidence that backs up your contentions.
A Motorcycle Accident Lawyer Investigates What Happened
It is not easy to investigate your own motorcycle accident when you are dealing with physical injuries. You do not have the bandwidth or skills to compile your own evidence. However, you face the challenge of the evidence disappearing within a short period of time. Once you lose key evidence, it may be gone to you forever. You certainly do not have months to investigate the accident. Therefore, it is essential that you contact a motorcycle accident lawyer as soon as possible after the crash.
Your lawyer would work to build your case by gathering the evidence you need to prove your claim. In any personal injury case, it is not about what you know or what you say happened. Something only really happened if you have proof of it. The insurance company will not take your word for anything, especially when it means that they have to pay money. If you do not meet your burden of proof, you will come away empty-handed.
How a Motorcycle Accident Lawyer Helps Your Case
When you hire an experienced motorcycle accident lawyer, they will launch an immediate investigation of the accident with an eye toward building a potential claim or lawsuit. Your attorney may do the following:
- Speak to witnesses who saw the accident and record their recollections
- Take pictures of the scene of the accident or review those you already have
- Review the police report about your motorcycle accident
- Work with accident reconstruction experts to get their opinion of what caused the crash
- Continue to assemble your case in the discovery process of a lawsuit
Once your attorney has built up a case, they will file a claim or lawsuit on your behalf. An insurance claim would include key evidence that shows the insurance company why it has a legal obligation to pay you. When your attorney has collected compelling evidence, you may be in a better position to negotiate a settlement. The insurance company may not want to fight you all the way to court when they know they will lose the case and a jury will decide your compensation.
If you cannot reach a settlement agreement, a jury will determine your liability. Your lawyer will present the evidence in court through witness testimony. After the jury hears the evidence, they will decide whether the driver must pay you compensation.