After a crash, the evidence tells the story. If someone else’s carelessness caused your motorcycle accident, proving it requires solid documentation.
This guide will walk you through how to gather and preserve the evidence you need after you’ve left the scene and are dealing with the aftermath.
If you’re feeling lost in the paperwork and pain, give the team at Yosha Law Firm a call at (317) 334-9200. An experienced motorcycle accident lawyer can handle the legal mess so you can focus on healing.
You’re Home. Now What?
The immediate chaos of the crash scene is over. You’ve talked to the police, maybe you went to the ER. Now you’re back home, things are quieter, but the real work of building your case begins.
Don’t wait for things to resolve themselves after a motorcycle accident; take an active role by documenting evidence instead of simply tending to your injuries. Insurance companies typically do not readily pay out claims. They look for reasons to pay less or nothing at all. Your job now is to collect the proof that shows what really happened and how it affected you.
Think of yourself as a detective building a case. Every detail, every receipt, every photo matters. Let’s break down where to look and what to keep.
Your Body Tells a Story: Documenting Injuries
Your injur
ies are a major part of your claim. How you document them makes a huge difference. It’s not enough to just say “I got hurt.” You need proof.
First, get medical attention immediately, even if you think you’re fine. Adrenaline often masks serious injuries. Going to the doctor creates an official record linking the accident to your injuries. Follow through with all recommended treatments, physical therapy, and follow-up appointments. Gaps in treatment look suspicious to insurers.
Keep meticulous records of everything related to your injuries:
- Medical Bills: Every single one. ER visits, doctor appointments, chiropractor sessions, physical therapy, prescriptions, medical equipment (crutches, braces).
- Doctor’s Notes and Reports: Ask for copies of your medical records. These detail your diagnosis, treatment plan, and prognosis.
- Photos of Injuries: Take clear photos of your cuts, bruises, stitches, casts, and any other visible injuries right after the accident and as they heal. Date the photos. Bruises fade, cuts heal – capture them before they disappear.
Beyond the physical, start a pain and symptom journal. This journal serves as crucial evidence. Every day, jot down:
- Your pain levels (e.g., on a scale of 1-10). Be specific about where it hurts.
- How the injuries affect your daily life (e.g., trouble sleeping, difficulty dressing, inability to work, missing hobbies).
- Medications you’re taking and any side effects.
- Your emotional state (e.g., anxiety, frustration, depression related to the accident and injuries).
- Dates of all doctor visits, therapy sessions, and any missed work or school days.
This journal provides a continuous narrative of your recovery process and the real-world impact of the accident. It helps demonstrate the extent of your suffering, which is a component of your damages.
Don’t forget the psychological impact. Accidents, especially serious motorcycle crashes, can lead to things like PTSD, anxiety, or a fear of riding. If you’re experiencing these, talk to your doctor or a mental health professional. Their records are also part of documenting your injuries.
The Bike and Gear: More Than Just Metal and Leather
Your motorcycle and riding gear are also key pieces of evidence, particularly for showing the severity of the impact and potential defects.
Photograph Everything: Before repairing or throwing anything away, take extensive photos and videos of your damaged motorcycle from all angles. Get close-ups of specific damage points.
Do the same for your gear:
- Helmet (especially important – show any cracks or scrapes)
- Jacket
- Pants
- Gloves
- Boots
Damaged gear helps illustrate the forces involved in the crash and shows you were taking safety precautions.
Keep Repair Estimates and Receipts: Get detailed written estimates for motorcycle repairs. Once repairs are done, keep the final invoice. If the bike is totaled, keep the insurance company’s valuation report.
Do NOT Repair or Dispose Yet: Don’t rush to fix your bike or toss your damaged gear, especially the helmet. It might need to be inspected as part of the investigation. Talk to a lawyer before letting go of this physical evidence.
Paper Trails: Why Reports and Records Matter
Memories fade, but documents last. Official reports and records provide objective accounts of the accident and its consequences.
The Police Report: This is fundamental. It contains details like the date, time, location, parties involved, witness information, road and weather conditions, a diagram of the scene, and sometimes the officer’s initial assessment of fault.
You can usually obtain a copy from the police department that responded to the accident, sometimes for a small fee.
Medical Records: As mentioned before, these are vital. You’ll need to formally request them from each provider (hospital, doctor, therapist). You will likely need to sign HIPAA release forms authorizing them to share your records.
Proof of Lost Income: If the accident forced you to miss work, gather evidence:
- Pay stubs showing your wage rate and hours worked before the accident.
- A letter from your employer detailing your job title, salary, and the dates you were unable to work due to your injuries.
- Tax returns or 1099s if you are self-employed.
Insurance Information: Keep copies of all communication with any insurance company (yours and the other party’s). Note dates, times, and the names of adjusters you speak with. Be cautious about what you say, especially in recorded statements (more on that later).
Receipts for Other Expenses: Did you have to pay for transportation while your bike was out of commission? Over-the-counter medical supplies? Keep receipts for any expense incurred because of the accident.
Witnesses: Getting Their Side of the Story
Independent witnesses can be incredibly valuable. Their testimony isn’t biased like the parties involved might be.
If you were able to get witness contact information at the scene, great. If not, the police report should list any witnesses the officer spoke to. Reach out to them politely as soon as possible while their memory is fresh.
Ask if they’d be willing to provide a brief written or recorded statement about what they saw. Keep it simple:
- Who are they? (Name, contact info)
- Where were they when the accident happened?
- What did they see and hear?
- Their impression of how the accident occurred.
Don’t pressure them or try to put words in their mouth. Just get their honest recollection. If they seem hesitant, explain you’re just trying to gather information about what happened. A lawyer can also assist in contacting witnesses and obtaining formal statements.
Digital Breadcrumbs: Photos, Videos, and Social Media
In today’s world, digital evidence is everywhere. Use it.
Scene Photos/Videos (If Available): If you or someone else took photos or videos at the scene showing vehicle positions, skid marks, debris, traffic signals, or road conditions, preserve these files carefully. Back them up.
Dash Cams and Helmet Cams: If you or the other driver had a dash cam, or if you wear a helmet cam, the footage could be direct evidence of what happened. Secure this footage immediately.
Nearby Surveillance: Look around the accident area. Were there businesses with security cameras? Traffic cameras? Video doorbells? These might have captured the crash. You (or your lawyer) may need to act quickly to request this footage before it’s overwritten.
Social Media Caution: Be very careful about what you post online after an accident. Insurance companies absolutely check social media. Posting pictures of you seemingly having fun, or even discussing the accident publicly, can be twisted and used against your claim. It’s best to limit social media activity or set profiles to private while your case is ongoing.
Don’t Wait: Deadlines and Why Acting Fast Matters
You might feel overwhelmed, but time isn’t always on your side when it comes to legal claims. Every state has deadlines for filing lawsuits, known as statutes of limitations.
In Indiana, the statute of limitations for personal injury cases, which includes most motorcycle accidents, is generally two years from the date of the accident (See: Indiana Code § 34-11-2-4). If you miss this deadline, you lose your right to sue for damages, period.
Two years might sound like a long time, but building a strong case takes effort. Evidence can disappear quickly. Skid marks wash away, vehicles get repaired or junked, witnesses move or forget details, and surveillance footage gets deleted.
Acting promptly allows you or your legal team to:
- Secure physical evidence before it’s lost.
- Interview witnesses while memories are clear.
- Obtain crucial video footage before it’s erased.
- Fully investigate the circumstances of the crash.
Furthermore, once it’s clear that litigation might happen, parties generally have a duty to preserve relevant evidence. This is called preventing “spoliation” of evidence. Waiting too long makes it harder to hold others accountable if they haven’t preserved items they should have.
Mistakes to Sidestep When Gathering Evidence
Knowing what not to do is just as important as knowing what to do.
- Don’t Admit Fault: Even if you think you might have been partially responsible, don’t say it – not to the other driver, not to witnesses, and especially not to an insurance adjuster. Stick to the facts of what happened.
- Don’t Give Recorded Statements Lightly: The other driver’s insurance adjuster will likely call you, seem friendly, and ask for a recorded statement. Politely decline until you’ve spoken with a lawyer. Adjusters are trained to ask questions that might get you to say something harmful to your claim.
- Don’t Sign Anything Without Review: Insurance companies might offer a quick settlement or ask you to sign medical release forms that are overly broad. Don’t sign away your rights without understanding exactly what the document means. Let a lawyer review it first.
- Don’t Exaggerate: Be truthful and accurate in everything you document, from your injuries in your journal to your description of the accident. Exaggerations or inconsistencies destroy your credibility.
- Don’t Delay Medical Treatment: As mentioned earlier, gaps in treatment or failing to follow doctor’s orders are often interpreted as your injuries not being serious. Stick to your treatment plan.
- Don’t Rely Only on the Police Report: While important, police reports sometimes contain errors or are incomplete. They are just one piece of the puzzle.
Frequently Asked Questions (FAQ)
What if I wasn’t wearing a helmet during the crash? Can I still file a claim?
Yes. Indiana law doesn’t require adult riders to wear helmets, so not wearing one doesn’t automatically kill your claim. However, the insurance company may argue that your injuries were worse because of it, which can affect compensation. This is called “comparative fault,” and a lawyer can push back if they’re trying to blame you unfairly.
Can I use my own mechanic to inspect or assess the bike damage?
Yes, and it’s often a good idea. Your own trusted mechanic might catch things the insurance-appointed one misses or downplays. Just make sure they document everything clearly, including before/after photos, part damage, and written estimates.
How do I preserve damaged gear if I need to store it long-term?
Store everything in a dry, secure place. Use clear, labeled bags for smaller items (like gloves or broken visor pieces) and avoid cleaning or repairing anything. If your lawyer wants a forensic expert to analyze the gear later, it needs to be untouched.
What if I was partially at fault for the accident?
Indiana follows modified comparative fault rules. You can still recover compensation if you were less than 51% at fault, but your payout will be reduced by your percentage of blame. For example, if you were 20% at fault and awarded $50,000, you’d receive $40,000.
Should I track emotional distress even if I’m not seeing a therapist?
Yes. Journaling your anxiety, fear, or depression helps create a timeline of emotional impact. If things worsen, you’ll already have a written record. Still, getting evaluated by a licensed therapist adds weight and credibility to that aspect of your claim.
Can passengers injured in the crash collect compensation too?
Absolutely. Passengers are rarely found at fault and have the right to pursue compensation through the at-fault driver’s insurance or, if needed, through their own uninsured/underinsured motorist policy.
What if I wasn’t hit but crashed while trying to avoid another driver?
That’s still potentially actionable. If another vehicle caused your crash but didn’t physically hit you, it may still be considered a “phantom vehicle” accident. Eyewitnesses, video footage, and your statement can help prove it. Your uninsured motorist coverage might apply.
Getting Help When You Need It
Gathering all this evidence while recovering from injuries is often a monumental task. You don’t have to do it alone.
Focus on your recovery. Let us handle the fight for fair compensation. If you’ve been injured in a motorcycle accident in Indiana, call Yosha Law Firm today at (317) 334-9200 to speak with an experienced personal injury lawyer about your case.
