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The Importance of Gathering Evidence in Bicycle Accidents

 Posted on August 16, 2023 in Personal Injury

San Jose, CA bicycle accident injury lawyerBicycle accidents can result in serious injuries, some even fatal, leaving victims and their families struggling with physical, emotional, and financial hardships. When involved in a bicycle accident, the process of seeking compensation for damages and holding the responsible party accountable can be complex and challenging. One of the most critical elements in building a solid case is gathering evidence.

What Evidence Can Help With My Case?

Collecting and preserving evidence is vital in bicycle accident cases. Evidence may include witness statements, accident scene photos, video footage, and medical records. Timely preservation of evidence can be crucial in proving liability. In a legal case, the strength of your evidence can significantly impact the outcome. The evidence you gather should be relevant, credible, and persuasive and an attorney can help you do this.

Eyewitness testimonies from people who saw the incident or were present at the time can provide critical firsthand accounts of what happened. Visual evidence, such as photos and videos of the accident scene, injuries, property damage, or the events leading up to the incident, can be compelling.

Official police reports contain detailed information about the incident, statements from involved parties, and any citations or charges issued. Medical records documenting your injuries, treatments, and recovery process can substantiate the extent of your injuries and their impact on your life.

Remember that collecting evidence promptly and preserving it is crucial, as evidence can deteriorate or be lost over time. Consult with an experienced attorney who can help you identify the most relevant evidence for your case and guide you through the process of gathering and presenting it effectively.

How Do I Establish Liability?

The primary purpose of gathering evidence in a bicycle accident case is to establish liability, which means determining who is at fault for the collision. Establishing liability in a legal context involves proving that a person or entity is legally responsible for causing harm or damages to another individual. To establish liability, you need to demonstrate:

  • Duty of care

  • Breach of duty

  • Causation

  • Damages

California follows a comparative negligence system, where compensation is reduced based on the injured party's degree of fault. Collecting evidence that clearly demonstrates the other party's negligence can help maximize the injured cyclist's potential compensation. 

There is a San Jose, CA Personal Injury Attorney Awaiting Your Call

If you have been injured in a bicycle accident, contact Santa Clara County, CA, personal injury attorney Cory Fuller of the Fuller Law Firm. He can review your case and help seek the compensation and justice you deserve. Call 408-234-7563 for a free consultation and get started today.

Source: https://www.dmv.ca.gov/portal/driver-education-and-safety/special-interest-driver-guides/bicyclists-pedestrians/

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