Evidence Needed for Filing a Motorcycle Accident Claim

Motorcycle Accident Attorney
Motorcycle Accident Claim

If you get injured in a motorcycle accident because of another person’s mistake, you have the right to file a motorcycle accident claim. But it is unlikely for the person who caused the accident to admit his/her mistake and this is when evidence will come to your rescue. With proper evidence, you will be able to prove the liability of the other party involved in the accident thereby successfully claiming the money as compensation for the losses you suffered because of the accident.

Evidence is a core factor that will decide the success of your motorcycle accident claim. Even though you have the best motorcycle accident attorney, without strong evidence, the chance of winning the case is low. Therefore, it is very important to collect evidence if you or your loved ones get involved in an accident.

Following are some important evidence you should definitely collect after a motorcycle accident as they will have a significant effect on your claim.

The police report

This is a crucial piece of evidence that is helpful in proving the liability. The police officer who arrives at the accident scene will prepare a report including the date and time of the accident, the people involved, weather and road conditions, injuries caused, and the details about the witnesses, etc.

The police report is really valuable for your case; hence you should get a copy of this as soon as possible. Usually, a copy of the report will be available for you within few days after the incident. You can contact the police department that handled your case for getting the copy. You can do it by yourself or ask the help of a motorcycle collision attorney to obtain it.

Photos of the scene

The photos of the accident scene and the images of the vehicles involved are also significant factors that will strengthen your case. It can serve as a proof to show the severity of the accident. The photos can also illustrate road conditions as well as other factors that might have caused the collision. A motorcycle accident attorney will help you to obtain the right photos that are crucial for your case.

Eyewitness statements

Eyewitnesses play an important role in establishing the liability of an accident. This will be an important factor considered by the court when your case goes to litigation. However, the statements of different eyewitness can also be different according to each person’s perspective of the accident.

Records of your medical treatment

Your hospital bills and medical records will act as an important factor to demonstrate the extent of your injuries. These injuries along with the pain and suffering will be converted into financial terms by the court when deciding your claim amount.

How Can a Truck Accident Attorney Help you?

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Truck Accident Attorney

If you are involved in a truck accident, it can be a devastating experience for you. Such an accident can result in severe damages and can cause serious injuries for those who are involved in it. If you or your loved ones encounter such an incident, then it is important for you to know that you can file a lawsuit to claim compensation for your losses. A truck accident attorney will help you to file your claim in the court.

A truck accident attorney will be specialized in truck accident cases. So they will have vast knowledge in such cases and can handle your case really well. Therefore, if you become a victim of a truck accident, never forget to contact a truck accident lawyer to claim the compensation that you deserve. They will assist you throughout your case until you succeed. Following are some important factors that a truck accident attorney can help you with:

To Find Out the Factors Affecting your Case

An average person may not be aware of the laws and statutes regarding an accident case. But a truck accident attorney will have good knowledge about these laws and can find out which laws can favor your case. He/she will guide you through the legal procedures associated with your case.

Determining the Liability

A good truck accident lawyer will help you determine who is liable for the accident. In case of a truck accident, the truck driver, trucking company, cargo loading company and even truck part manufacturers can be held responsible for the accident. The attorney can find out who is at fault and will assist you to sue the right parties responsible for the accident.

Collect Relevant Evidence

The attorney will also collect the evidence that is relevant for your case. He will inspect the accident scene and will gather evidence and witness testimonies to use in the later stages of your case. The truck accident lawyer will also examine the truck driver’s employment history, details about the trucking company, damages caused to your vehicle, your medical records as well as injuries sustained, and also the cause of the accident.

Identify Damages

The attorney will also help you to estimate your damages. You can get compensation for the property damages and also for your injuries. An experienced truck accident attorney can identify all the damages and will be able to ensure you maximum compensation based on the damages. Go to this website for details.

Who can be Held Responsible for a Truck Accident?

Truck Accident
Truck Accident Lawsuits

Proving the liability in case of a truck accident will be one of the primary concerns a victim will have to face when filing a lawsuit for recovering the losses. The liability of a truck accident depends on certain factors. If the driver who caused the accident is an employee of the trucking company, then you can sue the trucking company for the accident. But in some cases, the driver might be an independent contractor who works for the company, and hence the driver will have the sole responsibility for the accident in those cases.

It is important for the victim to know about the relation between the driver and trucking company to decide which all parties should be included in the lawsuit. A truck accident attorney can help you to investigate about the connection between the truck driver and the trucking company to find the right parties to sue when filing a lawsuit.

Who are the potentially liable parties?

The truck driver: If the truck accident was caused by the driver’s fault, then he/she will have to bear the responsibility. The reason for the accident might be the violation of the law by the truck driver. The distraction or negligence of the truck driver can also result in an accident. For all these causes, a truck driver can be held liable for the accident.

The trucking company: In some cases, the trucking company who hired the driver can be also held liable for the accident. If the driver has some previous records of violating laws, or drinking problems or drug addiction, then the company committed a mistake by hiring such a person. So the company can be held liable for the accident such a driver caused.

Other instances when the trucking company can be held liable are; if the company failed to inspect and maintain the truck properly, or neglected to take safety measures, or has given over stress for the driver to meet the deadline. In such cases you can sue the trucking company also.

The cargo loaders: If the cargo on a truck is not loaded properly, there is a high possibility for its contents to fall off and create damages. In those cases, the cargo loaders will also bear the responsibility of the accident.

Truck manufacturers

When the reason for the accident is the malfunctioning of some truck parts then the manufacturers will be the party who held responsible for the accident. If you get involved in a truck accident caused by the improper working of truck parts, then you can file a lawsuit against the manufacturers with the help of a truck accident attorney.

FAQs Related to Truck Accidents in California Answered

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Truck Accident Cases

Most accidents in which trucks are involved results in severe damages. As commercial trucks are really heavy than passenger vehicles they might cause quite a destruction when involved in an accident. The severity of the situation will be even more dangerous if the trucks are carrying hazardous materials like chemicals or any inflammable things.

If you are involved in a truck accident you will get a reimbursement for the damages and injuries you suffered. You can consult a truck accident lawyer to know about the procedures for filing a lawsuit to claim money for a truck accident case. A California truck accident lawyer will be experienced in such cases and you can rely on them to fight on your behalf for the right compensation you deserve.

People in California have different doubts regarding filing a lawsuit against truck accident cases. The most frequently asked questions by Californians are answered below:

Can I sue the trucking company for the accident?

It depends on the situation. If there is an established relationship between the truck driver and the trucking company, you can sue them. In such cases the trucking company will be held liable for the accident under a legal theory called “respondeat superior.” But if the truck driver is an independent contractor working on behalf of the trucking company, then proving the liability of the company can be difficult. In this situation, the amount of supervising done by the company will become an important factor.

Can I sue the loading company for my injuries?

This is possible if the cargo was not properly loaded. If the loading of cargo to the truck is done in an unsecure and unsafe manner, then it will eventually lead to an accident. In such cases, you can also sue the cargo loading company for the accident.

Can I get compensation for loss of work if I get involved in a truck accident?

Yes, the compensation you receive for truck accident cases can also include your loss of pay because of the accident, and also the loss of earning capacity resulted from the accident. A truck accident lawyer will help you calculate the amount you can claim based on the damages you suffered.

Is it important to hire a truck accident lawyer?

Yes, it is important to hire a truck accident lawyer before filing a lawsuit for claiming money if you get involved in a truck accident. A well experienced lawyer will help you to analyze the situation and decide on the right amount to claim. If you have to take the case to court, he will fight for you to get the right amount you deserve.