In order to pursue financial compensation after a bicycle accident, you and your attorney will need to collect evidence to support your claim. Some of the evidence you need will be easy to collect, whereas other evidence can be difficult to retrieve.
With the right evidence, your insurance company may be more likely to make you a reasonable settlement offer to cover your injuries and damages. If you have to file a lawsuit, the court will consider your evidence to determine whether to award damages and how much to award you in compensation. At Max Meyers Law, we know what evidence is necessary to build a strong bike accident case. Call 425-399-7000.
What Evidence Will We Need to Prove My Bike Injury Claim?
When filing a bicycle accident claim with an insurer or in court, we will need to collect and present evidence to prove three main things:
- The accident occurred.
- The defendant was negligent and caused the accident.
- You suffered injuries and damages caused by the defendant’s negligence.
Generally, bicycle accident evidence can be broken down into two main categories: Physical evidence and testimony.
Physical Evidence
Physical evidence refers to any documentation or other tangible thing that proves various aspects of the case. The most common forms of documentation used in bicycle accident claims include:
- Photos and videos – Nowadays, the prevalence of smart phones makes it easier to gather evidence of the accident itself. We will need to collect photos and videos of the scene of the crash, your injuries, the damage to your bicycle, and other property damage. If someone has video of the accident, or there is surveillance footage available from a nearby store, we can use that too. These photos and videos can help establish fault and liability.
- Medical records – Proving that you suffered physical injuries as a result of the accident is critical. We need to collect medical records to establish the injuries you suffered, the medical care providers involved in your care, dates and types of treatments and doctor’s visits, rehabilitation information, and other evidence relating to your medical treatment. In addition to information about your post-accident treatments, we will also gather past medical records. Insurers often try to blame accident-related injuries on “pre-existing” conditions. If we have your records, we can prove your injuries were caused by the accident.
- Bills – The accident recovery process can cost a great deal of money. We will collect medical bills, pay stubs, repair invoices, and other evidence of the money you paid, owe, or will lose as a result of the crash. These bills will help determine the amount of damages you receive.
Testimony
In addition to physical evidence, we will also use live testimony and statements from various people to prove how the accident happened. Some forms of testimony may include:
- Victim statements or testimony – If a vehicle struck your bicycle, it is likely that your injuries were severe, even if you were wearing protective gear at the time. In such cases, victim testimony is especially powerful. By providing insurers with a statement or taking the stand during your trial, you can make an official statement about the accident.
- Expert testimony – The mechanics of a bicycle are very different from those of a vehicle (e.g. they provide no protective metal casing). Accident reconstruction experts, manufacturers, and engineers who specialize in bicycles and bicycle accidents can testify about the accident. They may also evaluate the scene and determine who was at fault based on tire tracks, the positioning of the vehicles, and other factors. Medical experts can also testify about your injuries and what treatments are reasonable and necessary for your recovery.
- Eyewitness statements or testimony – Our attorneys will locate people who saw the accident and ask them to provide a statement or testify about the accident and what they observed.
To recover the compensation you deserve after a bike accident, you will need the right evidence. We will locate all the available evidence to prove your case to insurance companies and the court. Call Max Meyers Law PLLC at 425-399-7000 for help with your bicycle accident case.
