Trying the Motorcycle Accident Case Before a Jury, Part II–Preparation of Evidence in Indianapolis, IN Motorcycle Accidents Involving Truckers
Evidence is the cyclist’s best friend
Motorcycle accidents involving trucks require a significant amount of time, energy and financial resources to litigate. An experienced plaintiff’s attorney will be knowledgeable of interstate commerce rules and regulations, including their own state’s legislation pertaining to the trucking industry. And the early acquisition of evidence favoring the motorcyclist’s actions is crucial to adequate preparation for a motorcycle accident claim.
Early in the investigation, it’s imperative that the trucking company’s records, logbooks, employment manuals, driver history and other relevant corporate documentation be acquired through a Request for Production and reviewed in detail by plaintiff’s attorney. A private investigator will be hired to talk to witnesses and obtain statements for the record before memories fade. The investigator will further use his or her expertise to research the driving records and criminal history, if such history exists, of the truck driver. He or she will also look into the history of the trucking company and mine for pertinent information.
In addition, experts may be hired, particularly in the case of trucking accidents involving motorcycles, to photograph the scene of the accident, record and document any evidence before it can be destroyed. A forensic expert may be employed to reconstruct the accident under similar circumstances, photograph the scene under similar lighting conditions and write a detailed report which may include an assertion on the stopping distances relative to the speed of the vehicles involved. The forensic report will be submitted as evidence and the expert’s testimony will likely be called upon at trial before a jury.
Rebuffing insurance company defenses in motorcycle accident claims
Lawyers representing the insurance company’s interests often use the defense that the motorcyclist’s profile was too small to be seen, thereby affecting the driver’s ability to be aware of their existence and proximity. To rebuff defendant’s claim and derail any jurist’s negative emotions about cyclists being risk-takers, it’s necessary for counsel to immediately obtain rider’s clothing if available. Many clothing manufacturers specializing in cyclist’s apparel sew a reflecting material or threads into their garments for the safety and protection of riders. The fact that a cyclist may have purchased specialized clothing can be used to illustrate to the jury that claimant was a responsible and safety-conscious rider.
Experienced lawyer mounts a thorough investigation of the motorcycle crash
A vast amount of attorney’s time and resources must be allocated to the investigation process—before the attorney sets foot in the courtroom. Charlie Ward is a personal injury attorney in Indianapolis, IN experienced in litigating accidents and wrongful death claims involving motorcycles and trucking accidents. Ward & Ward Law Firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your motorcycle accident and receive a free analysis of your claim.
