What You Should Know About Gathering Evidence from a Trial Attorney

As trial attorneys, I know that a large part of the effort that goes into building a case often has to do with understanding the severity of the injuries that my clients have suffered so that I can better explain those injuries to the responsible party’s insurance company (or to the jury if the case goes to trial).  This also helps the jury when deciding the amount of compensation that my clients should receive.

Also, if you were in a simple fender-bender in which no one was injured, the insurance company for the driver at fault might be willing to make a financial offer that is acceptable and settle the matter outside of court. In contrast, if the car wreck involved multiple vehicles (and therefore multiple drivers), if you sustained severe and complicated medical injuries, or if you are seeking significant damages as a result of your injuries and losses, it is often more difficult to reach a settlement outside of court and a lawsuit may need to be brought. While most people would prefer to settle outside of court to save time, cost, and energy, that is not always possible.  When that happens, you need an attorney that has trial experience and knows how to gather evidence as part of the preparation process, something we strive to do well.  

In today’s digital world, more and more evidence is gathered based on your digital footprint, some of which could be helpful in building your case.

•    Cell phones. Your cell phone can come in handy after an accident.  If you were using a navigation app, it might show us where you were when the accident occurred and even what businesses were around you.  Simultaneously, your phone can be used to capture information at the scene of the wreck, including pictures of both vehicles’ location after impact, the damage to both vehicles, the road, the condition of the other driver, etc.   Assuming it can be done safely; taking pictures of everything you can, will often be helpful since they can be used in court.  As trial attorneys, we know that it is easy to forget things after the fact and pictures can help to jog the memory and provide context. 

•    Social media.  If your accident was out of the ordinary, there is a good chance that other people also took photos and posted them to social media.  If you were too injured to take pictures and pictures taken by others can be located, they it might be useful in showing the jury how extensive the accident really was. 

•    Cameras.  At many places you go, a camera or video camera may be capturing an image of you.  If the other driver ran a red light, as an example, we might be able to locate that footage to use in court. 

As trial attorneys, we are always prepared to go to court.  That being said, many of our clients often desire to get their claims resolved without have to go to court.  However, that is only possible if the responsible party’s insurance company is willing to settlement the claim for a reasonable amount.  If they are not, going to court becomes the only way to get our client compensated for the injuries and damages he/she sustained.  In that event, we will work with you to build the case to explain what happened and why you are deserving of compensation.   For more information, call and schedule a consultation.

Call a Motorcycle Accident Attorney After Your Crash

As motorcycle accident attorneys, we know how easy it is to get in a crash, regardless of how careful of a rider you are. Motorcycling is a way of life to many thousands of people, few of whom probably ever give a thought to needing a lawyer. However, should you ever get into an accident while riding your motorcycle; you should have an experienced motorcycle accident attorney in your corner. This is because a road accident involving a motorcycle and some other type of vehicle often presents some unique challenges.

Because motorcycles are narrower and considerably smaller than most other vehicles, such as cars, pickups, and SUVs, it is all too common for drivers to somehow fail to see motorcycles, resulting in them doing something like pulling out in front of, making a lane change into, or making a left-hand turn in front of, and into the path of, the motorcycle.

Due to their very nature, the rider of a motorcycle does not have the same protection that operators and passengers of car, pickups, and SUVs do.  As a result, motorcycle riders are far more likely to sustain serious or even fatal injuries in a collision.  As motorcycle accident attorneys, many of our clients therefore have serious injuries and require significant compensation to pay for medical bills, lost wages, and lost future earnings.

Motorcycle riders injured in collisions also face another challenge, since many people’s first assumption when hearing of a motorcycle wreck is that the motorcycle rider likely did something wrong. This is an incorrect assumption.  One study concluded that in nearly two-thirds of collisions involving a motorcycle and another type of vehicle, the motorcycle rider was not at fault.  However, it will fall to us, as your motorcycle accident attorneys, to show that you were riding in a reasonable manner, and did not cause the collision.

You need to bear in mind that it is important to contact an attorney promptly. Not only is there a limited time period in which you can file a claim, but evidence can be lost (such as skid marks fading away, vehicles being repaired, event data recorder information being lost, etc.) and crucial details can easily slip witnesses’ minds and be forgotten.

We do understand that recalling the details of the accident can be extremely distressing and emotionally draining for the person who was involved, and who was injured. You can be assured that we will handle this in a gentle and patient manner.  On the other hand, we also need as many details as possible to first determine if you have a case, and secondly to plan a course of action.

The injuries sustained in a motorcycle/vehicle accident can be extremely severe, and the associated cost of medical care and rehabilitation very high. Additionally, you may be unable to return to work for a period of time, resulting in you losing much-needed income.  It is for these reasons that a motorcycle accident attorney can prove to be very valuable when negotiating with the other driver’s insurance company or, if necessary, presenting your case in court.

To protect your interests and those of your family, hire an experienced motorcycle accident attorney who understands the complexities of motorcycle crashes, and who will help you understand your rights and get the compensation needed to reimburse you for your injuries and damages.  Give us a call to schedule your consultation today.