After a bicycle accident, proving who is at fault can be one of the most important factors in determining whether you’re entitled to compensation for your injuries. A bicycle accident lawyer will help you gather evidence to determine liability, increasing your chances of receiving fair compensation.
Gather Evidence At The Scene
One of the first steps in proving fault in a bicycle accident is gathering as much evidence as possible at the scene. The more evidence you can collect, the clearer the picture will be of what happened.
- Take photos of the scene. This includes images of your bike, any vehicles involved, visible injuries, and the surrounding area. Pay special attention to road conditions, traffic signs, and any obstacles that may have contributed to the accident. Photos can show evidence of how the crash occurred and who may be at fault.
- Collect witness statements and ask for their contact information. Eyewitness accounts can be invaluable in showing the sequence of events leading up to the crash.
- Check for security camera or dashcam footage that may have captured what happened in the collison.
File A Police Report
After an accident, always call the police. A police report can be an essential piece of evidence in proving fault. The officer will assess the scene, speak with witnesses, and document their findings in an official report.
In some cases, the police report may include details about potential traffic violations that led to the crash. For example, if the other party ran a red light or failed to yield, this information will be critical in proving liability. Make sure to get a copy of the police report for your records.
Review Traffic Camera Footage Or Video Evidence
In today’s digital age, traffic cameras or video recordings from nearby businesses or pedestrians can provide valuable evidence in proving fault. Many cities have traffic cameras at intersections that may have recorded the crash, or private businesses may have security cameras that caught the incident on tape.
If you think there may be video footage of your accident, ask your lawyer to help you retrieve it. Video footage can clearly show the actions of the driver or other cyclist involved, and it can confirm whether they were behaving recklessly or breaking the law at the time of the crash.
Get Medical Documentation
Your medical records are not only important for documenting your injuries but also for establishing how severe the impact of the accident was. The type of injuries you sustained can help demonstrate the force of the crash and the potential negligence of the other party.
For example, if your injuries were caused by a vehicle swerving too close to you, the medical records can show that you suffered a broken bone, concussion, or other serious injury that might not have occurred had the other driver been more cautious.
Consult An Experienced Bike Accident Attorney
Proving fault in a bike accident case can be complicated, especially if the other party denies responsibility or if the evidence is not clear-cut. An experienced bike accident lawyer can help guide you through the process. They’ll understand how to gather and organize evidence, interview witnesses, and work with experts, such as accident reconstruction specialists, to build a strong case.
A skilled lawyer can also deal with insurance companies on your behalf, ensuring that they don’t pressure you into accepting a settlement that is too low. In some cases, they may even take the case to court to fight for fair compensation.
Use Expert Testimony
In some cases, accident reconstruction experts or medical professionals may be needed to provide testimony to support your claim. These specialists can examine the evidence, such as skid marks, vehicle damage, and witness statements, to reconstruct the events leading to the accident.
Medical professionals can also provide insight into the severity of your injuries and how they were caused by the crash. Expert testimony can be a critical factor in proving that the other party’s actions were the direct cause of your injuries.
Stay Organized And Keep Detailed Records
As your case progresses, it’s important to stay organized. Keep all medical records, photographs, police reports, witness statements, and any other documentation related to your accident. Having everything in order will help your lawyer build a strong case and demonstrate that the other party was at fault.
Our colleagues at Strong Law Accident & Injury Attorneys say proving fault in a bike accident case requires gathering evidence, documenting the scene, consulting with experts, and often working with an experienced lawyer. The more thorough and detailed you are in collecting evidence and building your case, the more likely you are to receive the compensation you deserve. If you’ve been injured in a bike accident, don’t hesitate to seek legal advice from an experienced personal injury attorney.