Most states have bicycle statutes that apply to cyclists when they are on the road. These laws are meant to protect, and at the same time give them, the same rights, and responsibilities as drivers of other vehicles. However, the recklessness of other motorists could still easily leave any cyclist nursing serious injuries in the event of an accident. To win this type of lawsuit, your bike accident lawyer will need to prove that the driver was at fault and that you were injured as a result of the driver’s negligence. Depending on the circumstances of your accident, different types of evidence will help prove your case.
The Official Accident Report from Law Enforcement
More often than not, law enforcement will be called to the scene of a bike accident. The officer who responds will create a report detailing the events of the accident. This report can be very useful evidence, and will usually include details about any witnesses, as well as the driver’s insurance information. In some cases, the officer may also issue a citation to the driver.
Surveillance & Dash Cam Video Footage
If there was a surveillance camera at the scene of the accident, the footage from that camera can be used as evidence. It can include things like the speed of the driver, whether the driver was paying attention, and what the driver did, leading to the accident. Sometimes, the footage might be from a traffic camera or a security camera at a nearby business. The footage from the dashcam can also be useful evidence and can sometimes prove to be more helpful than surveillance footage because it gives a clearer view of what happened right before the accident.
Expert Testimony by Accident Reconstructionists
An accident reconstructionist is an expert who can examine the evidence from an accident and recreate what happened. This often includes things like skid marks, and damage to the bicycles and vehicles involved. The reconstructionist can then testify in court about what they believe happened based on their analysis of the evidence.
Medical Records & Photographs
In the event that you were injured in the accident, your medical records will be an important part of your case. These records can document the injuries that you sustained and the treatment that was required. In some cases, expert testimony from a doctor may be necessary to explain the extent of your injuries and how they will affect you in the future. Photographs are also critical evidence since they can capture things like the position of the vehicles, debris from the accident, and skid marks. They can also be used to show the injuries that were sustained in the accident.
Conclusion
It’s always unfortunate when a cyclist is hit by a car since it could have likely been avoided had the driver been more careful. If you are a cyclist who has been in an accident, you will need to gather evidence to support your case in order to be successful. Some of this might include surveillance or dashcam footage, eyewitness testimony, and the police report. Your medical records will also play a role if you were injured as a result of the accident.