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Evidence That May Help Your Bicycle Accident Case

by Richard J. Banta | Dec 11, 2020 | Blog

Bicycle Accident Lawyer

To receive compensation for a bicycle accident, you need proof that it wasn’t your fault. Without proof of fault, the defendant’s legal team may be able to poke holes in your settlement. A weak case might not even make it in front of a judge, as an attorney, like a personal injury lawyer from a firm like the Law Firm of Frederick J. Brynn, can explain.

If you were hit by a car while cycling, how can you prove that it was the driver’s fault?

Police Reports

A police report is one of the most valuable documents that you can use to prove who was at fault. When you file a lawsuit, the defendant will normally dispute your version of what happened. A police report is a conclusion of their investigation. When police arrive on scene, they may question witnesses, issue citations and judge how the accident happened.

Since police do not have to draft a police report for all accidents, you should always request one. Police will determine if they need to file a police report based on the value of the damages and whether there were any injuries. Your bike may not be valued high enough or you may not be obviously injured right after the accident.

Witness Testimony

Witness testimony is not necessary when you file a lawsuit, but it does help. If there were people who saw the accident firsthand, they may have a better recollection of what happened than you did. Stay in touch with the witnesses following the accident. If you’re capable, try to obtain the contact information of any witnesses on the scene. If you received a police report, the cops may have questioned the eye-witnesses also.

Video Evidence

While you can win a lawsuit without video evidence, it is one of the strongest forms of evidence. Sometimes, witnesses will take a video of an accident. If you were filming your cycling trip, you may also have evidence on the camera. In addition to video of the accident, you should also take pictures and video of the scene.

To determine fault in a cycling accident isn’t black and white. There are several ways that the court may determine who was at fault, including the utilization of expert witnesses, police reports or eye-witnesses at the scene. If you were in a bike accident, your argument for who was at fault may be strong, but after a consultation with a bicycle accident lawyer, he or she may be able to help you make a stronger case.