Evidence can help show who caused a motorcycle accident by connecting the other driver’s actions to the crash and the resulting injuries. Photos, video footage, witness statements, police reports, medical records, and vehicle damage can all help establish what happened. The McAllen area has busy roads, highways, and intersections where motorcycles share the roadway with cars, trucks, and other vehicles.
Because traffic conditions can change quickly, documenting the scene and preserving important information can be especially valuable. A motorcycle accident attorney in McAllen can help identify which evidence may be important to a claim and explain how it can be used.
Photos and Videos From the Accident Scene
Pictures taken shortly after a motorcycle accident can provide important information about what happened. Photos should show the positions of the vehicles, damage to the motorcycle and other vehicles, road conditions, traffic signs, lane markings, debris, and visible injuries.
Video evidence can be even more helpful when available. Traffic cameras, security cameras from nearby businesses, dashboard cameras, and cellphone recordings may capture the moments before or during a collision.
Because some surveillance systems automatically delete older recordings, it can be important to identify potential video sources as soon as possible.
Police Reports
A police report can provide another account of the collision. It may include information about the location, involved drivers, road conditions, witness statements, citations, and the officer’s observations.
A police report does not automatically determine who is legally responsible. However, it can provide useful information that can be compared with photographs, video, witness accounts, and other evidence.
Eyewitness Statements
People who saw the crash may remember details that are not obvious from physical evidence alone. A witness might have seen a driver run a red light, change lanes without signaling, follow too closely, speed, or fail to yield.
Getting contact information from witnesses can be useful because memories can become less precise as time passes. Independent witnesses may also provide information that supports or challenges the accounts given by the drivers.
Motorcycle and Vehicle Damage
The location and severity of damage can help explain how a collision occurred. Scratches, dents, broken parts, paint transfers, and other damage may provide clues about the direction and force of impact.
In some cases, an accident reconstruction professional may examine the vehicles, roadway, photographs, and other available evidence to develop an opinion about how the crash happened.
Medical Records and Injury Documentation
Medical records are important for establishing the connection between the accident and the injuries claimed. Emergency-room records, diagnostic tests, treatment notes, prescriptions, and follow-up appointments can document the nature and seriousness of the injuries.
Keeping records of medical treatment and following recommended care can also help create a clear timeline from the accident through recovery.
Evidence of Driver Negligence
Evidence should focus on the specific conduct that may have caused the accident. This could include distracted driving, speeding, unsafe lane changes, failure to yield, impaired driving, or ignoring traffic signals.
Texas law also recognizes that responsibility can be divided among people involved in a personal injury case. Under Texas Civil Practice and Remedies Code § 33.003, the factfinder determines the percentage of responsibility attributable to each claimant, defendant, settling person, or responsible third party.
This makes evidence particularly important when the parties disagree about who was responsible or whether more than one person contributed to the accident.
Preserve Evidence After the Crash
Motorcycle accident victims should avoid throwing away damaged safety equipment or repairing heavily damaged parts before they can be documented. Helmets, protective clothing, motorcycle components, photographs, receipts, medical records, and other relevant materials may become useful later.
It is also helpful to keep a written record of important events, including medical appointments, symptoms, missed work, conversations with insurers, and expenses related to the accident.
Key Takeaways
- Photos and videos can help show how a motorcycle accident occurred.
- Police reports may provide useful information about the crash and its participants.
- Witnesses can offer independent accounts of what they observed.
- Motorcycle and vehicle damage may help explain the point and direction of impact.
- Medical records can connect injuries to the accident and document treatment.
- Evidence of speeding, distraction, unsafe lane changes, or failure to yield may help establish negligence.
- Texas law allows responsibility to be assigned among multiple parties in applicable personal injury cases.
- Preserving physical evidence and important records can help create a clearer picture of the accident.
