Strong evidence is the key to winning any bicycle accident claim. No matter how confident you are in the merits of your case, you won’t recover a single dollar unless you can prove liability and damages. Depending on the circumstances, overlooking just one piece of critical evidence could be enough to prolong the proceedings, reduce the damages award, or prevent you from collecting any compensation at all. This blog goes over important evidence in bicycle accident claims.
The kinds of evidence needed to build your claim will depend on the circumstances, but generally speaking, the following evidence often plays a role in bicycle accident cases:
- The Police Report: This report should contain details about when and where the crash happened as well as information about the involved parties. It might even include eyewitness statements and the officer’s opinions regarding liability. The report should also discuss any injuries, deaths, and property damage resulting from the accident.
- Footage from Surveillance Cameras and Dash Cams: Video recordings of the accident might show what happened in the moments leading up to the crash. This may help your attorney prevent or overcome disputes related to liability or causation.
- Eyewitness Testimony: People who witnessed the crash may be able to provide deposition and testimony to corroborate other evidence.
- Property Damage: If there’s a dispute regarding liability, causation, or damages, it may be necessary to bring in an accident reconstruction expert to determine how the accident unfolded. This expert might evaluate the damage to the helmet, bicycle, and vehicle to garner insight into the speed of the vehicle at the time of the crash, the angle of the collision, and other pertinent details.
- Expert Witness Testimony: Besides bringing in an accident reconstruction expert, your bicycle accident lawyer may also use the deposition and testimony of a medical expert and financial expert. While a medical expert can provide insight into the severity of injuries and the cost of treatment, a financial expert can provide testimony regarding the value of future damages such as lost earning capacity.
- Medical and Financial Records: You will need official documentation to prove the kinds of injuries suffered and your prognosis. If you intend to seek compensation for lost income, you will need records to prove the amount of income lost, which may include income tax returns, pay stubs, and documentation from financial institutions.
- Other Evidence: Depending on the facts surrounding the accident, there are many other types of evidence your attorney might use to strengthen your case. For example, if the crash was caused by a defective bicycle part, your lawyer might use blueprints and schematics of the part as well as the deposition of a product specialist to prove liability. If a commercial truck was involved, your attorney might try to obtain data from the vehicle’s electronic control module, or “black box.”
Call 713-893-8808 to Discuss Your Claim with a Houston Bicycle Accident Lawyer
Gathering the evidence listed above can take a considerable amount of time. If the defendant is in possession of evidence—such as dashcam footage—it may be necessary to file a subpoena to obtain it. Attorney Chelsie King Garza can take over the investigation and compile the evidence needed to give your case the best chance of success. To discuss your claim in a free consultation, call 713-893-8808 or send us a message.
