Strong evidence is the foundation of successful motorcycle accident claims. Preserving and collecting proof of liability and damages requires prompt action and systematic documentation. Understanding evidence needs helps you build the strongest possible case.
Why Evidence Preservation Matters
Evidence disappears quickly after accidents. Skid marks fade, witnesses forget details, and surveillance footage gets overwritten. Prompt preservation is essential.
Your memory will become less reliable over time. Documenting details while fresh ensures accurate records.
Insurance companies and defense attorneys look for evidence gaps to dispute claims. Complete documentation prevents these attacks.
Scene Evidence
Photographs and videos of the accident scene capture conditions that change quickly. Document vehicle positions, damage, road conditions, and traffic controls.
Physical evidence - debris, tire marks, vehicle fluids - indicates how the accident occurred. Note locations before cleanup.
Road conditions including potholes, gravel, oil slicks, and pavement defects may have contributed to the crash. Document any hazards.
Traffic control devices - the status of signals, visibility of signs - matter for establishing right of way.
Vehicle Evidence
Damage patterns on your motorcycle and other vehicles show how collision occurred. Photograph all damage from multiple angles.
Pre-existing damage should be distinguished from accident damage. Note any damage that existed before the crash.
Don't repair your motorcycle until damage is thoroughly documented. Defense experts may need to examine it.
Electronic data from vehicle event recorders captures speed, braking, and other data. Preservation letters prevent data loss.
Witness Evidence
Get contact information for all witnesses immediately. Names, phone numbers, addresses, and email addresses ensure you can reach them later.
Brief witness statements at the scene capture fresh memories. Ask what they saw and write it down.
Witness memories fade quickly. Follow up with formal recorded statements within days, not months.
Independent witnesses - those with no connection to either party - carry the most weight.
Documentary Evidence
Police reports provide official documentation of the accident. Request copies promptly.
Medical records from all treatment - emergency, hospitalization, specialists, therapy - document injuries and their relationship to the accident.
Employment records establish income for lost wage claims. Pay stubs, tax returns, and employer statements support economic damages.
Insurance documents - policies, communications, claim records - become important as your claim develops.
Surveillance and Camera Footage
Traffic cameras may have captured the accident. Your attorney can subpoena footage from traffic management systems.
Business surveillance from nearby stores, gas stations, and restaurants often captures roadway activity. Request preservation immediately before footage is overwritten.
Dashcam footage from your motorcycle or other vehicles provides direct evidence of what happened.
Medical Evidence
Consistent treatment creates a medical record trail linking injuries to the accident. Gaps in care undermine claims.
Describe symptoms completely to doctors. Injuries not documented in medical records are harder to prove.
Follow treatment recommendations. Records showing compliance demonstrate injury seriousness and mitigation efforts.
Diagnostic imaging - X-rays, MRIs, CT scans - provides objective evidence of injuries.
Damage Documentation
Keep all bills and receipts for medical treatment, prescriptions, equipment, and other expenses.
Document lost wages with employer statements, pay records, and correspondence about missed work.
Keep a daily journal recording pain levels, symptoms, limitations, and how injuries affect your life.
Photograph visible injuries throughout recovery - initial appearance, healing progress, and final scarring.
Electronic Evidence
Cell phone records can prove the other driver was distracted. Subpoenas can obtain texting and call records.
GPS and location data may establish where parties were and how fast they were traveling.
Social media posts by the other driver may contain admissions or evidence of impairment.
Expert Preservation
Accident reconstructionists can analyze physical evidence to determine how the crash occurred. Early involvement ensures evidence is preserved.
Medical experts can document injuries and provide opinions on causation and prognosis.
Economic experts calculate lost wages and future damages based on documented evidence.
Preservation Letters
Spoliation letters demand that parties preserve evidence. Send to defendants, insurers, employers, and anyone who may control relevant evidence.
Failure to preserve after notice may result in adverse inference instructions at trial - juries can assume destroyed evidence was unfavorable.
Your attorney can issue litigation holds ensuring formal preservation obligations once suit is filed.
Working with Your Attorney
Share all evidence you've collected with your attorney promptly. They can assess what's useful and identify gaps.
Let your attorney handle formal evidence requests - subpoenas, discovery requests, expert examinations.
Continue documenting damages throughout your case. Ongoing evidence supports claims for continuing injuries.