Evidence Wins in the Bike vs. Car Fight

This information is a thumbnail sketch of what an experienced bicycle trial attorney looks for in the form of evidence to prove your case – either for settlement or trial purposes. Insurance companies respond in kind to valid evidence and proof. So do Juries. Go on the offensive in your case, collect the evidence and win!

Accidents Happen, But You Can Minimize The Damage With A Bit Of Foresight

When a cyclist goes down at the hands of a careless motorist, precise evidence collection will often win the case. It goes without saying that the health of the injured cyclist is a priority. Documenting the case is a close second. This will make it easier to settle for a fair value, insurance companies respond to reliable evidence that prove fault.

Witness Proof or Testimony

Locate all witnesses who may have seen the incident and gather their contact information.

Locate all witnesses and get duplicate contact information for them, i.e. cell, e-mail, address. Take their drivers license and auto license plate numbers. Riding partners and bystanders can document speed, distance, attentiveness, and location of impact. Don’t rely solely on the police to collect and report every thing; they are often very busy at the crash site. “Lifestyle change” witnesses prove your “pain and suffering” damages. They will document the “before and after” effects of the crash.

Obtain driver admissions of fault, like “I didn’t see you”, “I was in a rush to get to work”, “I was running an errand for XYZ company”. These will help counter insurance company arguments of contributory fault by the cyclist. Get the careless driver to take responsibility, and also provide you will their current insurance company policy number and limits of coverage.

Physical Evidence From the Scene

Save your damaged helmet, computer, bicycle, and brightly colored clothes and blinking light. I want to know you were visible and riding a safe speed – so photograph the gears you were in, close up photos of the speedometer, and RPM displays on your bike computer. This will help calculate your speed. Also, take photos of the conditions of your tires, brake pads, handlebars and cracks/scuffs to your bike. Importantly, take photos of your scrapes, bruises, and hospital bed scenes to convey the trauma you have needlessly suffered.

Take photos of the scene, including bike lane, speed and stop signs, distances from the curb or parallel parked cars.

Bring in photos and car/bike measurements of skid marks; walk them off at the crash site, to help me prove the point of impact. Take photos of bike lane, speed and stop signs, distances from the curb or parallel parked cars. I want to know you were riding close to the curb and in the bike lane at the time of the crash. Also, photograph the road surface to help rule out the road surface or debris as contributing to the crash.
If you can get photos of the location of the defendant’s car damage to show the point of impact, do so.

Proof of Injury/Loss

Seek out immediate medical care, and consistently follow your doctor’s directions. Missed visits give the insurance companies room to argue against your credibility. Ideally, obtaining a CD of your diagnostic studies (MRI, Cat Scan, x-rays) will help me prove your injuries, as would your old and new medical records, bills and list of health care providers. This medical evidence will insure you get fairly compensated.

Keep track of all your medical bills and treatment paperwork that are the result of the collision.

This evidence of lost earnings and business opportunities takes the shape of 1099’s, tax records, contracts, records of sales, past sales track records, pay stubs or checks, and proof of lost benefits. Modernly, clients are bringing this information in the form of computerized graphs, charts and the like to prove their losses. This evidence shows your losses where reasonably certain, and not speculative.

Your auto, health, and work insurance policy limits and books will dictate how we can recover in the event the defendant is un or under insured. Often your auto and health care policies will come into play – although there may be reimbursement rights attached to using your policy should the careless defendant’s be insufficient.

This information is a thumbnail sketch of what an experienced bicycle trial attorney looks for in the form of evidence to prove your case – either for settlement or trial purposes. Insurance companies respond in kind to valid evidence and proof. So do Juries. Go on the offensive in your case, collect the evidence and win!

You can visit the Richard L. Duquette Law Firm blog to read more about bicycling and the law, and you can also hear more on his podcast, 911law.com Podcast.

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