Amotorcycle accident is often a physically and financially devastating event for the motorcyclist and their family. Obviously, motorcyclists lack the same protections as individuals riding in an enclosed vehicle like a car or truck. Motorcycle operators therefore face a significantly higher risk of death or serious injury in the event of a crash.
Vermont is an at-fault state when it comes to motor vehicle accidents, which includes crashes involving motorcycles. What this means is that if you are injured in a motorcycle accident caused by a negligent driver (or a third party), you have the right to seek full compensation for your losses from the at-fault persons. This includes both your economic and non-economic damages, which we will describe in greater detail below.
A common question we get from motorcycle accident victims is, “What evidence do I need?” Put another way, how do you actually prove fault in a motorcycle accident? For that matter, how do you prove the losses you suffered as a result of the accident?
It Starts with the Police Report
Vermont law requires all drivers to report any accident where there is personal injury or more than $3,000 in proper damage to the state Department of Motor Vehicles within 72 hours of the event. This report includes the names and contact information of the persons involved in the accident, their vehicle registration and insurance information, and any descriptions of what happened in the driver’s own words. Keep in mind, if a driver hits you, they are also required to provide you with this information at the accident scene.
Additionally, it is always a good idea to contact local law enforcement and have an officer attend the scene of a motorcycle accident. The officer will take down the information described above, document the accident scene itself, and prepare an official police report. Among other details, the report can include the officer’s observations of any potential signs of fault, such as whether the driver who hit you was drunk, distracted, or committed an obvious traffic infraction. Such information can form the basis of a potential personal injury claim.
Gathering Evidence at the Accident Scene
It should go without saying, but your first priority following a motorcycle accident must be attending to any emergency medical needs. If you are lying on the ground after being thrown from your motorcycle, the last thing you are in a position to do is walk around gathering evidence of what just happened. That said, if you–or someone with you–is able to do so, it is often helpful to gather certain types of evidence at the accident scene just after the collision occurred.
Primarily what we are talking about here is photographic and video recordings of the scene. For example, it is useful to take a photograph of your motorcycle and the other vehicles involved to show the extent of any damage. You should also take images of the exact street location where the accident happened. Video footage can provide additional context clues, such as the weather and traffic conditions.
If your motorcycle accident occurred in a highly populated area, such as Burlington, there may also be live video footage of the accident itself from surveillance or security cameras. So make sure you take note of the businesses in the area as well as any visible cameras. Your motorcycle accident attorney can follow-up with these businesses and see if they have footage that can be made available for your case.
Identify Any Potential Witnesses
If your motorcycle accident occurs on an isolated Vermont country road with just you and the other driver present, any subsequent personal injury lawsuit may become a “he said/she said” affair. But if there were other persons present, they may serve as invaluable witnesses who can back up your account of how the accident happened. That is why it is imperative to identify any potential witnesses at the scene and take down their contact information, so that you or your motorcycle accident attorney can speak with them later about what they saw.
Keeping Receipts
We previously noted that a personal injury claim allows you to seek economic and non-economic damages against the at-fault driver for a motorcycle accident. Economic damages encompasses your financial losses as a result of the accident. Basically, anything you can show a receipt for is part of your economic damages. That is why one of the most important things you can do is keep receipts, as that will make it much easier to prove the full extent of your economic damages in court.
Medical bills are perhaps the most common type of economic damages sought by motorcycle accidents. Here, “keeping receipts” includes not just maintaining copies of your medical bills but also making sure you have access to all medical records related to your care. You want your doctors to be as specific as possible when and how often you received treatment, the nature and extent of your injuries, and any medically determined limitations on your ability to work or perform daily activities. Such evidence is crucial not just to proving your past medical expenses but also your expected future expenses as you continue to require treatment and rehabilitation.
Documenting Your Non-Economic Damages
Non-economic damages is a legal term used to describe losses that are impossible to quantify in the same manner as economic damages. We often describe such damages with terms like “pain and suffering” and “loss of enjoyment of life.” Although there is no way to directly prove the dollar amount of these losses, there is still evidence you can present in support of non-economic damages. For example, you can keep a personal diary documenting your daily pain, emotional struggles, and difficulties in performing daily living tasks as firsthand evidence of your suffering. Eyewitness testimony from your family, as well as expert testimony from licensed mental health care professionals who have examined you, can also bolster your case for non-economic damages.
Contact a Vermont Motorcycle Accident Lawyer Today
A motorcycle accident is a significant physical, emotional, and financial trauma. But you do not have to deal with the aftermath on your own. OurVermont motorcycle accident lawyers are here to help. Contact Larson & Gallivan Law today at 802-327-8458 to schedule a free initial consultation.
