Legal Distinctions in Motorcycle Accident Claims: The Ultimate Checklist for Gathering Evidence
Knowing what sets apart a motorcycle claim from other car accident claims can make a difference when gathering evidence in motorcycle accidents. A Florida motorcycle accident lawyer can explain how the law and insurance requirements apply. From there, they can build a case for damages by gathering relevant evidence for motorcycle accident lawsuits and insurance claims.
What Are the Legal Distinctions in Motorcycle Accident Claims?
As Florida Highway Safety and Motor Vehicles (FLHSMV) points out, personal injury protection (PIP) is required for motor vehicles with at least four wheels. That means motorcycles aren’t covered by the PIP statute, Florida Statute § 627.736.
Because of that, your motorcycle accident claim will likely involve filing against another party rather than with your insurer. With PIP, you could receive damages regardless of who was responsible. Without it, you need to prove that someone else caused your crash through negligence. Our checklist can give you an idea of what evidence is needed.
The Motorcycle Accident Claim Process
There are four basic steps in the motorcycle accident claim process:
- Claim filing: Just give the basic details. A personal injury attorney can even handle that for you.
- Investigation: The adjuster looks into the accident while your attorney does the same. The insurance adjuster and your Fort Lauderdale motorcycle accident lawyer may exchange information back and forth as they uncover what happened.
- Negotiations: Your motorcycle injury lawyer talks about your case with the adjuster and provides evidence if there are disagreements over fault.
- Settlement review: Your attorney assesses whether the insurance company’s offer is sufficient.
Insurance adjusters gather their evidence, but your attorney can investigate and provide additional proof of the other party’s negligence.
Lawsuits for Motorcycle Accidents
If the Miami motorcycle accident lawyer doesn’t agree with the adjusters about an offer or liability, or if the party who hit you was uninsured or underinsured, your lawyer can file a personal injury lawsuit. They can use the evidence from your claim in the lawsuit as well as gather more information and develop a court strategy.
Our Motorcycle Accident Evidence Checklist
The first step, if possible, is to get the contact and insurance info from the other parties. From there, start documenting everything you can. When in doubt, photograph it, record it, write it down, or request a copy.
Photograph the Scene
You can’t have too many pictures, so take photos of:
- Vehicles
- Injuries
- Location
- Road conditions
- Debris
- Angle of impact
Did you know that bad weather conditions can contribute to motorcycle accidents? The weather, broken signs or lights, skid marks on the road, potholes—all these may not seem important to document at the time, but they are part of the context of your case.
Check for Proof at the Site
Debris, vehicle parts, and even your clothing and safety equipment are evidence, so photograph and save them. Again, you may not know how they fit together, but our Fort Lauderdale personal injury lawyers and expert consultants might see something you don’t.
Check With Witnesses
Get contact information from bystanders. We can follow up to get their statements and even obtain photos and video of the crash from them.
Get the Police Report
Crash records establish a lot of the facts of the case as well as provide the officer’s trained perspective. They might cite someone as at fault, issue tickets, and use their experience to suggest the chain of events. If you aren’t sure how to find a police report, we can do it for you.
Obtain Medical Records
Medical records can show:
- The severity of a crash based on your injuries
- The type of injuries you suffered, your prognosis, and medical treatment
- The bills and rehabilitation costs you deserve
- Pain and suffering damages you might need
Medical documentation can even point to liability. For instance, we can work to obtain records of the other party’s drug or alcohol testing. Your injuries might also suggest the angle and force of the collision.
Consult With Expert Witnesses
Expert witnesses in motorcycle accident injury cases perform a lot of functions, like pinpointing the mechanics of the accident, reviewing the evidence, explaining injuries or technical aspects, and lending credence to your story.
It isn’t your responsibility to find relevant experts. Your legal team should have connections to consultants and can track down specialists as your case demands.
Keep Track of Losses, Bills, and Expenses
Evidence isn’t just about proving what happened and who did it. It’s also about proving what to do about it. You’re probably eligible for more damages than you realize, so keep proof like:
- Medical records, imaging and tests, bills, and treatment plans
- Rehabilitation information like physical therapist referrals and progress reports
- Prescription medication and medical equipment
- Employment and financial records showing missed work
- Receipts for out-of-pocket costs like public transportation expenses
All the Ways Evidence Is Vital to Your Motorcycle Injury Claim or Suit
Gathering evidence doesn’t just ensure you can file a claim or lawsuit, even with Florida’s legal distinctions for motorcycle accidents. Evidence also:
- Establishes the facts
- Identifies your damages
- Fights biases against motorcyclists
- Indicates additional liable parties
- Protects your rights
Check Off the Evidence Checklist with Our Motorcycle Injury Lawyers!
Contact the Law Offices of Wolf & Pravato right after your crash, and we’ll gather your evidence to build your case. With our help, you won’t have to worry about not recognizing proof or missing out on compensation. Our motorcycle accident attorneys can place your case in the context of the evidence and Florida laws. Call (954) 633-8270 now for a free case review.
