Evidence Wins
Bicycle Injury Cases
When a cyclist
goes down, at the hands of a careless motorist, precise evidence
collection will often win the case. It goes without saying,
that the health of the injured cyclist is a priority.
Documenting the case is a close second. This will make it
easier to settle for a fair value. Insurance companies
respond to reliable evidence that prove fault.
Here are a few
suggestions:
Witnesses:
Locate all
witnesses and get duplicate contact information for them, i.e.
cell, e-mail, address. Take their Drivers License and auto
license plate numbers. Riding partners and bystanders can
document speed, distance, attentiveness, and location of
impact. Don’t rely solely on the police to collect and
report every thing. They are often very busy at the crash
site. “Lifestyle change” witnesses prove your
“pain and suffering” damages. They will document
the “before and after” effects of the crash.
Target
Defendant:
Obtain driver
admissions of fault, like “I didn’t see you”,
“I was in a rush to get to work”, “I was running
an errand for XYZ company”. These will help counter
insurance company arguments of contributory fault by the
cyclist. Get the careless driver to take responsibility, and
also provide you will their current insurance company policy
number and limits of coverage.
Injured
Cyclist:
Save your damaged
helmet, computer, bicycle, and brightly colored clothes and
blinking light. I want to know you were visible and riding a
safe speed – so photograph the gears you were in, close up
photos of the speedometer, and RPM displays on your bike
computer. This will help calculate your speed. Also,
take photos of the conditions of your tires, brake pads, handlebars
and cracks/scuffs to your bike.
Importantly, take
photos of your scrapes, bruises, and hospital bed scenes to convey
the trauma you have needlessly suffered.
The
Road:
Bring in photos
and car/bike measurements of skid marks; walk them off at the crash
site, to help me prove the point of impact. Take photos of
bike lane, speed and stop signs, distances from the curb or
parallel parked cars. I want to know you were riding close to
the curb and in the bike lane at the time of the accident.
Also, photo the road surface to help rule out the road surface or
debris as contributing to the crash.
If you can get
photos of the location of the defendant’s car damage to show
the point of impact, do so.
Medical
Care:
Seek out immediate
medical care, and consistently follow you doctor’s
directions. Missed visits give the insurance companies room
to argue against your credibility.
Ideally, obtaining
a CD of your diagnostic studies (MRI, Cat Scan, x-rays) will help
me prove your injuries, as would your old and new medical records,
bills and list of health care providers. This medical
evidence will insure you get fairly compensated.
Loss of
Earnings:
This evidence of
lost earnings and business opportunities takes the shape of
1099’s, tax records, contracts, records of sales, past sales
track records, pay stubs or checks, and proof of lost
benefits. Modernly, clients are bringing this information in
the form of computerized graphs, charts and the like to prove their
losses.
This evidence
shows your losses where reasonably certain, and not
speculative.
Insurance:
Your auto, health,
and work insurance policy limits and books will dictate how we can
recover in the event the defendant is un or under
insured. Often your auto and health care policies will come
into play – although there may be reimbursement rights
attached to using your policy should the careless defendant’s
be insufficient.
Conclusion:
The above is a
thumbnail sketch of what and experienced bicycle trial
attorney looks for in the form of evidence to prove your
case – either for settlement of trial purposes.
Insurance companies respond in kind to valid evidence and
proof. So do Juries. Go on the offensive in your case,
collect the evidence and win!
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