What Evidence Should You Gather After a Motorcycle Accident?

Were you involved in a motorcycle accident in Little Rock? It is imperative that your collision is thoroughly investigated. Arkansas is a fault-based motorcycle accident state. Evidence is the foundation of a successful legal claim. A Little Rock motorcycle accident lawyer can proactively investigate your crash and help you gather and organize the evidence you need to get justice.

Motorcycle accident liability can be complicated. A motorcycle accident injury claim depends heavily on the quality of the evidence. It is important to remember that in Arkansas, an injured rider bears the burden of establishing another party’s fault and proving the nature of their injuries. That may require a wide range of evidence, ranging from photographs to medical records.

Why Gather Evidence After a Motorcycle Accident in Arkansas?

Arkansas is a fault-based motorcycle accident state. A party responsible for causing a motorcycle crash due to negligence can be held liable for the harm. However, the at-fault driver does not always admit fault. An injured motorcyclist generally needs evidence to prove fault.

Strong evidence matters because motorcycle accident injury claims often involve contested versions of exactly how the crash happened. As an example, a driver may claim that the rider was speeding. That may or may not be true, and it may or may not be relevant to the crash. Along the same lines, there may be questions about whether or not a motorist was following too closely, a motorcyclist was riding in a blind spot, or someone was making an unsafe maneuver. Evidence is key to determining what happened and to establishing liability.

What Evidence Do I Need After a Motorcycle Crash in Little Rock?

Motorcycle accident evidence can take a wide range of forms. Because relevant evidence can quickly disappear after a crash, a proactive investigation is essential. Some of the evidence you should gather after a motorcycle accident in Arkansas includes:

• Photographs and Videos: Pictures and video recordings can be used to document relevant post-crash conditions, including vehicle positions, skid marks, debris fields, roadway defects, traffic-control devices, weather conditions, sightlines, and damage to the motorcycle and other cars. Photographs taken before vehicles are moved can be extremely valuable in reconstructing the crash.

• Police Report: In Arkansas, any motorcycle accident that results in a physical injury should be reported to law enforcement. The responding agency may document driver information, witness identities, roadway conditions, statements from the parties, citations, diagrams, and other details surrounding the collision. Injured riders should get a copy of the police report after the crash. If you are unsure how to obtain a copy, a motorcycle accident lawyer can help.

• Witness Statements: Independent witnesses can provide compelling testimony. Among other things, they may be able to help clarify details related to speed, lane position, traffic signals, unsafe turns, following distance, or driver behavior immediately before impact. By obtaining witness contact information immediately after a motorcycle accident, injured riders will be in the best position to obtain a timely statement.

• Crash Video and Other Electronic Evidence: In some cases, the crash itself may actually be recorded. Surveillance cameras, traffic cameras, dashboard cameras, and nearby business security systems may capture part (or all) of the collision or the events immediately preceding it. Beyond that, some vehicles also preserve electronic data on speed, braking, throttle position, and other operational information.

• Physical Evidence at the Scene: Physical evidence can be useful for reconstructing a crash. For example, damage to motorcycles and other vehicles can reveal the impact location, collision angle, force, and post-impact movement. Along with other details, an expert may use the motorcycle, damaged components, tire marks, vehicle measurements, and other physical evidence to reconstruct how the crash occurred.

• Medical Records: Injured motorcyclists should always see a doctor right away after a crash. Medical documentation helps establish the nature of the injuries, diagnostic findings, treatment, prognosis, permanent impairment, and the causal relationship between the crash and the rider’s condition. It is evidence. Medical records are key evidence in any personal injury claim in Arkansas, and a motorcycle crash is no exception. Riders will need medical records to prove the existence and severity of their injuries.

Frequently Asked Questions

Who Can Be Held Liable for a Motorcycle Crash?

All negligent parties can be held responsible for a motorcycle accident in Arkansas. Depending on the facts, potentially responsible parties can include a negligent driver, an employer whose employee caused the crash, a vehicle owner under an independent negligence theory such as negligent entrustment, a motorcycle manufacturer, or even a government entity.

What is the Motorcycle Statute of Limitations in Arkansas?

Motorcycle accident injury claims are time-sensitive. Under Arkansas law (Ark. Code Ann. § 16-56-105), there is a three-year statute of limitations. You do not want to miss out on your opportunity to bring a claim or file a claim against the insurer in the claims process. Protect your rights: Speak to a Little Rock motorcycle accident lawyer as soon as possible after a serious crash.

Is Arkansas a Comparative Negligence State?

Yes. Arkansas is a comparative negligence state. Under Ark. Code Ann. § 16-64-122, a motorcycle accident victim can recover compensation even if he or she is partially at fault for the crash as long as that level of fault does not exceed 49 percent. Strong evidence can help prevent you from being unfairly blamed for your own accident.

Contact Our Little Rock Motorcycle Accident Lawyer Today

At Reed Firm, our Little Rock motorcycle accident attorney is committed to putting injured victims first. If you or your loved one was hurt in a motorcycle crash, we are here to help you gather all of the evidence needed to make your claim. Give us a call at 501-777-7333 or contact us online for a free case review. With an office in Little Rock, we handle motorcycle accident injury claims throughout the surrounding region.