Establishing how your motorcycle crash happened and who is at fault is essential to resolving your case successfully. Working with an accident reconstruction expert can help you achieve the best possible outcome for your compensation claim.
A Fort Myers motorcycle accident lawyer can provide guidance and help protect your rights when building your case, connecting you with seasoned investigators and reconstruction professionals who will be prepared to defend their findings and fight for your right to fair compensation.
What Is Motorcycle Accident Reconstruction?
Accident reconstruction is a forensic method of looking at the aftermath of a motorcycle wreck and reviewing the events leading up to and following it to determine how and why the crash happened.
Before The Accident
A motorcycle crash expert may look at several factors that may have affected the accident, such as:
- Local weather conditions
- Road conditions
- The line of sight for traffic signs or signals
- Mechanical history of all vehicles involved in the accident
- The driving histories of those involved
Elements Of The Crash
Skilled investigators dissect a crash site, looking for evidence that supports your compensation claim against the liable party. Although each accident is unique, they typically find and document proof of negligence and liability when reviewing the following:
- Eyewitness statements
- CCTV footage
- Police reports
- Impact damage
- Trajectories of involved vehicles
- Skid marks
- Vehicle diagnostics
- Crash debris
- Accident scene photos
After The Accident
After the crash, the expert may create a 3D model or rendering of the crash. This is a valuable tool that can help all parties visualize the accident’s cause.
Additionally, medical records outlining your injuries and treatments from the accident date to the present, along with your doctor’s prognosis for your recovery, will illustrate your medical care needs and losses.
Motorcycles and the gear riders wear can also hold evidence about a crash. How a bike is scraped, if the frame is bent or cracked, if foot pegs or handles are broken, or if the fork is twisted can all provide valuable information to a Fort Myers motorcycle accident reconstruction expert. By connecting the bike’s damage to the dents and rips on your helmet and clothing, the investigator can bring evidentiary substance to your case.
Why Your Fort Myers Motorcycle Accident Lawyer May Suggest Working With An Accident Reconstruction Expert
Whether you’re filing a compensation claim with the liable party’s insurance company or filing a personal injury lawsuit against a defendant, without solid proof of negligence and liability, you may have a difficult time recovering financial compensation for your losses.
A motorcycle crash reconstruction professional can help provide the clear evidence your case needs to recover damages for your losses. Accident reconstructionists are experts in their field, often holding degrees that complement their work or having extensive experience in the investigative process.
Expert Witnesses
Motorcycle accident reconstruction experts are often called as expert witnesses in personal injury claims that go to trial. Their knowledge and skill bear weight in a courtroom. They can help make your case stronger when they testify for you and can help refute the defendant’s claims.
Evidence Of Fault Can Impact Your Fort Myers Motorcycle Case
An accident reconstruction expert can analyze your motorcycle accident to determine who was at fault. In some cases, more than one person or entity contributed to the accident.
Per Florida Statutes § 768.81, Florida follows a modified comparative negligence rule. If you were partially at fault for the accident, you may still be able to recover some compensation for your losses, as long as you are not more than 50% at fault. For instance, if the evidence indicates you were 20% at fault, you can recover 80% of your losses.
Proving The Four Elements Of Negligence For Your Fort Myers Motorcycle Accident Case
Your Fort Myers personal injury lawyer and your crash reconstruction expert will work together to find evidence proving the following four elements of negligence:
- Duty of care. Your legal team must show that the at-fault individual or entity had a duty to act with reasonable care to avoid causing you harm.
- Breach of duty. Your personal injury attorney must prove the defendant breached their duty by acting (or not acting) in a way that increased the risk of harm to you.
- Causation. The defendant’s breach of duty caused the accident and your subsequent injuries.
- Damages. The injuries you suffered caused you to sustain compensable losses.
Without meeting this standard, your compensation case may be unsuccessful.
Compensation For Your Fort Myers Motorcycle Crash
Without legal representation, it can be difficult to know what losses are compensable after a motorcycle crash. A Fort Myers motorcycle accident attorney can give you legal advice and explain your rights.
Although your losses may differ, the following economic and non-economic damages are generally included in a compensation claim:
- Current and future medical expenses, such as diagnostics, ambulance rides, hospital stays, surgeries, medications, and special equipment and devices
- Income lost during your recovery
- Future earnings and benefits lost if your injuries keep you from returning to work
- Repair or replacement of your motorcycle or other property damaged in the crash
- Assistance with errands, childcare, home maintenance, or other out-of-pocket expenses resulting from your injury
- Physical pain due to your injury
- Emotional trauma
- Depression and anxiety
- Expenses uniquely related to a disability
- Loss of enjoyment of life
Get Help From The Law Offices Of Anidjar & Levine After A Motorcycle Crash In Fort Myers
The damage to your life, health, and property after a motorcycle accident can be devastating. It can be challenging to try to recover compensation for your losses on your own. Working with a motorcycle accident reconstruction expert and a Fort Myers attorney can give you the time to focus on recovery while others fight for justice on your behalf.
Contact our office for a free case consultation. We can help you discover your best legal options moving forward.
