Gumshoe and GPS Evidence in Motorcycle Crash Claims

The victim/plaintiff has the burden of proof and the burden of persuasion in a motorcycle crash case. The burden of proof is a preponderance of the evidence (more likely than not).

Victim/plaintiffs must prove the basic elements of an ordinary negligence, negligence per se, or other legal case. But a preponderance of the evidence is only the minimum standard. In these cases, as in life in general, minimum effort typically produces minimum results.

To obtain maximum compensation for victims, a Sugar Land motorcycle accident lawyer must dig deeper. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Traditional Evidence

Medical records, the police accident report, and witness statements are the foundational pieces of evidence in a typical motorcycle crash claim. This evidence is usually sufficient to meet the burden of proof. But it may not be enough to meet the burden of persuasion.

Frequently, medical records are incomplete. These bills focus on clinical matters, like cost, diagnosis, and treatment. They often don’t include information about the victim’s pain level and other evidence necessary to prove noneconomic losses.

The police accident report is almost always inaccurate as well. Motorcycle crashes cause such serious injuries that, in most cases, victims don’t get to tell their stories to police officers. The tortfeasor (negligent driver) blames the victim for the crash, because that’s what we do.

Witness statements may be scant as well, at least initially. Most motorcycle wrecks happen so fast that very few people see the whole thing. Furthermore, for various reasons, many people don’t loiter near accident scenes and give official statements to police officers.

A good Missouri City personal injury lawyer knows how to expand this evidence. Outside professionals, like doctors and accident reconstructionists, breathe new life into medical bills and police accident reports.

Furthermore, attorneys canvass the area looking for more witnesses. Many people won’t talk to police officers, but almost everyone will speak to a personal injury lawyer.

Electronic Evidence

These supplements are effective in most cases. If that’s not the case, attorneys usually turn to electronic evidence, like the tortfeasor’s vehicle event data recorder (EDR) and nearby surveillance camera footage.

Vehicle EDRs resemble commercial jet black box flight data recorders. Depending on the make and model, EDRs often measure and record information like:

• Vehicle speed,
• Engine RPM,
• Brake application, and
• Steering angle.

An accident reconstructionist usually puts these seemingly random pieces of evidence together like the pieces of a jigsaw puzzle. The picture is emotionally compelling as well. Electronic evidence usually resonates well with tech-savvy Fort Bend County jurors.

This compelling evidence is sometimes unavailable. Attorneys must get past Texas’ strict vehicle information privacy laws. Furthermore, a lawyer must have the right physical tools to access and download EDR information.

Surveillance camera evidence is similar in many ways. In most cases, a picture really is worth a thousand words. When jurors see what happened with their own eyes, even if they only see part of the picture, they’re much more willing to award maximum compensation.

Like EDR evidence, surveillance camera evidence presents legal and technical challenges. Unless attorneys lay the proper foundation, camera evidence is inadmissible in court. Furthermore, downloading camera footage and showing it to jurors on a giant screen TV is often no easy task. The presentation must be seamless in every way, or the effect backfires.

Reach Out to a Compassionate Fort Bend County Attorney

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. Virtual, home, and hospital visits are available.

Source:

law.cornell.edu/wex/preponderance_of_the_evidence