Proving Fresno Motorcycle Accident Injuries are the Result of a Crash ~ Central Valley Accident Lawyers

A Fresno motorcycle accident is a life-changing event. According to the Insurance Information Institute, motorcycle riders are nearly 30 times more likely to pass away as a result of an accident than passenger car occupants. If you are struck by a car, truck, motorcycle, or even a bicyclist while riding, you should know the insurance company and opposing counsel are unlikely to agree with your side of the story. The challenge lies in establishing a causal relationship between the collision and your physical injuries as well as your pain, suffering, mental trauma, and other losses.

How to Establish Damages

If you do your part in the immediate aftermath of a motorcycle accident, proving damage will not be as challenging. In particular, it will help to take pictures of your injuries as well as the accident scene and your motorcycle.

Meet with a doctor soon after the accident so a medical report can be created to document the presence and extent of your injuries. It will also help if you summon a police officer to the accident site to create a formal police report. Each of these pieces of evidence will help establish a causal relationship between the motorcycle accident in Fresno and your injuries, potential post-traumatic stress disorder, damage to your motorcycle, lost wages, diminished working capacity, and additional losses.

Proving Negligence

All drivers owe a duty of care to motorcycle riders meaning they are to consider the safety of those in their vicinity while operating a motor vehicle. If you know or suspect another driver or other party breached that duty of care and that negligence caused or contributed to your motorcycle accident, there is a good chance you will emerge victorious from a motorcycle accident lawsuit with a settlement or court award.

If you notice anyone in the vicinity of the accident, flag them down and record their statement pertaining to the accident with your smartphone. The words of such a witness will help prove another driver or other party acted negligently, meaning carelessly, and that negligence was the cause of the motorcycle accident. Alternatively, if no witnesses were present, video surveillance footage from a nearby camera has the potential to tip the scales of justice in your favor.

What About Pre-Existing Conditions?

The mere presence of a pre-existing condition or injury does not preclude a causal relationship between the motorcycle accident and a worsening of that injury/condition or a new injury. Many Americans are treating certain conditions or ailments that may have started before their motorcycle accident.

If your motorcycle accident aggravated your condition, worsened the condition, or caused a completely new injury, don’t assume you won’t be able to obtain a favorable court award. The defense’s legal team will attempt to disassociate the newly sustained injuries with the motorcycle crash and ultimately blame them on the preexisting medical concerns.

However, an experienced lawyer will be prepared for these tactics. An artful presentation of the facts of the case will compel opposing counsel to consider floating out a substantial settlement offer.

Prompt Medical Attention is Essential to Serving Justice

Even if you feel fine after your motorcycle accident, it is best to meet with a doctor as soon as possible. A qualified physician will review your injuries, write down details pertaining to the accident, and create a medical report that might be referenced in a court of law. The doctor will also look for symptoms related to the accident.

If you feel additional pain in the days or weeks after the accident, meet with the doctor once again so your medical report can be updated appropriately. These visits with your treating doctor help prove the motorcycle accident in Fresno is true, as all o your injuries, pain, suffering, diminished working capacity, and missed time from work will be formally documented.

Treatment plans will also be noted, and that will indicate the cost of physical therapy, medications, pain management, and other recommendations from the doctor.

Say as Little as Possible

Aside from discussing your motorcycle accident with your treating doctor and a motorcycle accident attorney in Fresno, it is not in your best interest to talk about the case. Refrain from mentioning or discussing the accident on social media.

Do not apologize to the other driver or anyone else at the accident scene. Although a natural and empathetic response during a major event, this can be viewed as an admission of guilt. Also, do not provide a statement to the other party’s insurance company. Even the slightest phrasing or miswording has the potential to come back and hurt your case, as it can be used as evidence in a court of law. Insurance adjusters are trained to talk to victims in a certain manner so that they mistakenly say the wrong thing. This is why it’s best to only provide a statement when an attorney is present. Not only will this protect your rights, but it will help you win your motorcycle accident case.