A frightening collision on a Thousand Oaks road might leave a defenseless rider on the pavement with a serious injury. If a driver’s error caused the motorcycle accident, it should be the driver’s insurance company worrying about the cost of expensive medical care.
Unfortunately, some insurers will start to worry about their profits and try to find the nearest exit to leave you with the costs of recovery. Insurance adjusters may even point the finger of blame at you, no matter what facts are recorded in a California Highway Patrol accident report.
Many motorcyclists stuck in a hospital bed, unable to earn a paycheck, can find themselves in need of solid evidence to show they weren’t at fault.
Securing the Evidence to Win Your Motorcycle Accident Case
After a scary rear-end accident on Highway 101, or a sideswipe that sends you over a guardrail along Highway 23, your first concern will be your safety and getting medical help.
Once you’ve been treated and stabilized, you will also have time to start worrying about who will pay for a careless driver’s mistake.
Even when drivers accept full blame, their car insurance providers can make things difficult for injured motorcyclists desperate for help. Adjusters can falsely blame riders for what happened (and they often do), no matter how clear-cut the driver’s fault is. They can cast doubt on the injuries, saying the rider’s wounds aren’t as bad as a doctor makes them out to be.
When these shady tactics are used, it’s up to the motorcyclist or the motorcyclist’s lawyer to lock down the evidence that can shut the insurance company up for good and force them to pay.
Here’s a look at some of the key evidence motorcyclists can capture to support their insurance claims:
At the Scene of the Accident – Victims should allow paramedics to check them out completely. Then, if they are left strong enough and the scene is secure, they should begin to collect evidence at the accident location. They should take photos of the damage to vehicles, to the motorcycle, and to personal property like clothing and a helmet. Show the scene and any markings on the pavement. Record images of any visible injuries you have.
Documentation – You should have documents to back up everything in your case. A copy of the police accident report that you or your lawyer can request. Your medical charts showing what your doctor has treated and the prognosis for your injury in the future. Receipts for all of your medical care and payments. Paystubs that show the money you’ve forfeited while having to miss shifts at work.
The Story From Your Own Account – Your account of what happened is also powerful evidence. You’ll need to remember everything you saw leading up to the accident and alert investigators to what you observed. Write down everything you remember from that moment before you forget. Because if your account isn’t consistent, it won’t serve as good evidence.
A Big Assist from Your Motorcycle Accident Lawyer – Your lawyer will accept all evidence you’ve uncovered before hiring legal representation. A skilled lawyer also conducts a full investigation and looks into the driving history of the at-fault motorist. A Quirk Accident & Injury Attorney, APC, will track down witnesses and gather testimony. We will secure any video evidence that exists from surveillance cameras, traffic cameras, and dash cams. Your lawyer may also rely on expert witnesses and accident reconstruction teams to show who was truly at fault.
Frequently Asked Questions
What type of compensation should I expect from an at-fault driver after a Motorcycle Accident?
You must demand enough in compensation to pay all of your medical bills now, and those potentially in the future. The paychecks you lose out on while missing work should be fully replaced. The physical pain you endure and the emotional trauma you are put through should earn additional compensation.
Will I have to present my evidence in court to get money from a car insurance company?
Not usually. Most motorcycle accident claims are settled out of court. Insurers want to avoid the cost of a trial and the potential of earning a bad reputation. If you feel you will have to take an insurer to court to get fair treatment, it’s a good idea to have a lawyer handle your case. These cases are complex, and a lawyer will have the best chance to earn you the most in compensation possible.
What if I need a Thousand Oaks Motorcycle Accident Lawyer but can’t afford to pay one?
You don’t have to have any money to afford a lawyer from Quirk Accident & Injury Attorneys, APC. We don’t charge you anything unless we win your case for you. Then our pay comes out of the settlement money you earn when a car insurance company is forced to accept full responsibility.
Contact a Thousand Oaks Motorcycle Accident Lawyer
If your motorcycle accident only involves bike damage and some minor scrapes on your body, you might not need a lawyer’s help. However, if you suffer a major injury, the costs of care will rise, and insurers will fight you even more to get support. A lawyer can protect you from false accusations and also work to get you more than you could usually get by handling a claim yourself.
Contact us to schedule an absolutely free case consultation. There’s no obligation, but if you feel we can earn you and your family more, you won’t need to bring any money to hire us. Quirk Law works on a contingency basis. It means we don’t get paid unless we win your case for you. Then our attorney’s fee comes out of the settlement check you win from a car insurance company.