Norwood, MA Motorcycle Accident Lawyer

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Motorcycle accidents often cause considerable damage in Norwood. For the victims of these accidents, filing a lawsuit can result in compensatory damages.

To get damages for a motorcycle accident, you need to have evidence. Commonly used evidence in these claims includes photos, videos, eyewitness statements, expert witness statements, and medical records. You can preserve some physical evidence at the scene by photographing it. Our lawyers can obtain additional evidence later on by interviewing eyewitnesses and enlisting experts to assist with your case. We can explain why some documents are admissible evidence and others, like police reports, are not. We can then go on to use evidence, whether as leverage to get you a better settlement or as proof of negligence in a trial.

For a free case review from the Norwood, MA motorcycle accident lawyers of the Law Office of John J. Sheehan, call (617) 925-6407.

An Overview of Evidence in Norwood, MA Motorcycle Accident Cases

Understanding the types of evidence used in motorcycle accident claims and how to get it is crucial for victims. Without enough evidence, you might not meet the standard of proof for your case in Norwood. Our lawyers can explain how to best preserve, obtain, and build the evidence you need to get the compensation you deserve.

Preserving Evidence

Victims can preserve physical evidence left from motorcycle accidents by photographing it. Point police officers at the scene toward any noticeable debris or tire marks on the road. Take your own pictures of the surrounding area, including any nearby traffic signs the other driver might have ignored. The accident scene will not remain intact for long after the crash, so the best things you can do to preserve evidence are to take pictures and call 911.

Talk to the other driver as well. Ask for their name, registration, and insurance details, but do not discuss the accident in detail. If police are on the scene and you are badly hurt, officers can collect the necessary information on your behalf.

Obtaining Evidence

While victims can collect some evidence at the accident scene, our motorcycle accident lawyers will gather other evidence afterward. For example, regarding traffic cameras and security footage, our lawyers can contact the necessary individuals and agencies to obtain relevant images. Doing this quickly is essential, as footage or pictures might get deleted as time passes.

We will also get other evidence, like witness statements, after the accident. For example, we can interview witnesses and ask what they saw or if they can remember what happened. If they can recall what the other driver did wrong, and their statements correspond with yours, that may help.

The same goes for statements from expert witnesses, like those specializing in accident reconstruction. Such experts can review physical evidence, photos, and videos and testify to the accident’s cause during a trial. A medical expert can review your records and testify in court if you have complicated injuries.

Building Evidence

Victims are responsible for building medical evidence that confirms their injuries. You can do this by going to the emergency room directly from the accident location. When you file an injury lawsuit, you must be able to prove that you have certain injuries. You cannot do this without medical records.

Most motorcycle accident injuries require some form of immediate medical treatment. If you choose not to get medical care when necessary and then try to file a lawsuit, the opposing side might question the gap in your treatment and if your injuries were due to the defendant’s negligence or some other event.

Admissible Evidence

Not everything that appears like evidence is, in fact, admissible in court. For example, while police reports are crucial for case preparation, they are typically inadmissible in Massachusetts trials for motorcycle accident lawsuits. That said, you should still call the police to report any motorcycle crash and be thorough in your account to law enforcement. We can then help you get the report from the Norwood Police Department in the following days and review it alongside you.

If you think something might be pertinent to your case, tell our lawyers. We can assess its admissibility and determine if it is relevant to your claim.

Using Evidence

Using evidence is another matter altogether. Once we gather evidence, we can review and organize it to build your case. You should only file your lawsuit once you have enough evidence to meet the standard of proof, even if you ultimately settle your claim out of court.

It is important to have substantial evidence to leverage during settlement negotiations. Our attorneys can counter low settlement offers with our calculation of your damages supported by evidence. If the defendant realizes their chances of winning at trial are low and appreciates our commitment to your recovery, they might agree to settle for a fair amount to avoid court.

Our lawyers can present your case to a jury if your lawsuit goes to court. The defendant might present evidence of their own in an attempt to lower their liability or evade financial responsibility altogether. One way defendants commonly try to do this is by using comparative fault defenses.

Under Mass. Gen. Laws Ch. 260, § 2A, a plaintiff’s negligence will lower their recovery in proportion to their percentage of fault. This is an issue in some motorcycle accident lawsuits because of the presumption that motorcyclists are less responsible. Our attorneys can anticipate a comparative fault defense and make a plan to address the issue so your compensation is unaffected.

The goal of going to trial is to prove that it is more likely than not that the defendant caused your injuries. Furthermore, the evidence we present must show that the defendant owed you a duty of care and breached the duty of care. We must also show that the defendant’s breach directly caused your injuries and damages from the crash.