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Can Camera Footage Help Prove Fault in a Motorcycle Accident?

by | Sep 18, 2022 | Motorcycle Accidents, Personal Injury |

Evidence is often key if you need to prove your case after an accident. But what evidence is the best? For the most part, direct evidence such as photographic evidence and video evidence can be the best way to prove liability. Learn more about evidence a motorcycle accident lawyer in Houston or San Antonio can use to help you win your case.

Can Camera Footage Help Prove Fault in a Motorcycle Accident?

Video evidence can be very compelling since it will show the moments before and after the accident as well as the exact events that occurred during an accident. Because videos collect moments in real-time, this form of evidence can be used to form a narrative about the accident or support your view of how the accident occurred.

In particular, camera evidence can be used to prove liability because footage can show the other driver breached the duty of care all motorists must show on the road. For example, video evidence can show the other driver was speeding or switching lanes recklessly.

What Type of Camera Footage Can Be Used for a Claim or Lawsuit?

When camera footage is submitted as evidence for a lawsuit, most types of camera footage are acceptable. For example, your motorcycle accident lawyer may request CCTV footage from street cameras or security cameras that captured the accident.

Motorcycle drivers often have helmet-mounted dash cameras, which can also be used to prove your case in court. Because motorcyclists tend to be stereotyped as dangerous drivers, many motorcycle drivers choose to use a helmet camera in case of an accident. Having video evidence can ensure motorcycle drivers are treated fairly by insurance companies when they need to file a claim.

Can Camera Footage Hurt Your Case?

While camera footage can certainly be an advantage to proving liability, it can sometimes also be harmful to your case. For example, camera footage could show that a motorcycle driver made a risky maneuver on the road which partially contributed to the accident. Because Texas is a comparative negligence state, any video evidence that is submitted to court can be used against you to prove partial liability.

What Other Evidence Can Be Used in Houston or San Antonio?

In addition to video evidence and photographic evidence, there are several other forms of evidence that can be used to prove your case in Houston or San Antonio. Your motorcycle accident lawyer will use a variety of evidence to defend your case and hold the other driver responsible for the accident. Some of the most common types of evidence include:

Medical Bills and Records

Medical bills and records are essential for several reasons. If you are suing another driver for compensation for medical bills, you will need medical records to prove that your injuries were caused by the accident. Because medical records establish a timeline for when injuries occurred and how injuries were treated, this can be primary evidence to support your case.

Furthermore, medical records serve as proof of economic damages. In particular, the total amount of your medical bills will be factored into the settlement you will receive as compensation for your injuries and damages.

Eyewitness Testimony

Eyewitness testimony can also be compelling, whether or not you are able to submit video evidence. Eyewitness testimony can give context to an accident, such as verifying that road conditions or weather conditions were poor at the time of the accident. An eyewitness can also confirm that the other driver was driving dangerously.

Expert Testimony

Expert testimony can be just as important. For example, your motorcycle accident lawyer may hire a forensic crash analyst who will analyze camera footage and photographs of the accident to determine which driver is most at fault. Expert testimony can even include statements from a physician who completed an independent medical exam to establish the severity of injuries.

Police Reports

Finally, police reports can also serve as important evidence in your case. Police reports and crash reports will include details to outline the timeline and damages of the accident. Police reports can also include information about the drivers involved in accidents, including whether or not substance abuse was involved in the accident.

Depending on the circumstances of the accident, police reports can even include arrest charges, the results of a field sobriety test, or a breathalyzer test. Police reports will likely be included as part of your defense after a motorcycle accident, so it’s important to speak with the police as soon as you’re able after the accident

How Else Can a Motorcycle Accident Lawyer Help You?

Your motorcycle accident lawyer will serve many critical roles when you are trying to win compensation for your injuries and damages after a motorcycle accident. For example, your motorcycle accident lawyer can appeal to your insurance company, negotiate a better settlement, establish the degree of negligence in your case, or request punitive damages against the liable driver.

Appeal to Insurance Company

Sometimes, after motorcycle drivers file an insurance claim, the insurance company denies the claim for personal injuries and property damage. Insurance companies may deny claims for any reason; however, the most common reason is that the insurance adjuster doesn’t have enough details about the accident.

If your insurance company or the other driver’s insurance company denies your claim, a motorcycle accident lawyer can appeal to the insurance company so that you can receive a settlement without filing a lawsuit.

Negotiate a Settlement

In cases where you do need to file a lawsuit against the other driver or insurance company to win your settlement, your motorcycle accident lawyer can also help you negotiate for a better settlement during mediation. Negotiating your settlement is important because the first settlement offer is often a lowball estimate of the compensation you deserve for your injuries and damages. By negotiating your settlement, you can receive fair compensation for all of your economic and non-economic damages.

Establish Degree of Negligence

It may be necessary for your motorcycle accident lawyer to establish your degree of negligence if comparative negligence is used in your motorcycle accident case. Comparative negligence holds that both drivers involved in a car accident can be partially responsible for causing the accident, which directly impacts the settlement you are entitled to.

For this reason, it’s essential to work with an experienced motorcycle accident lawyer who can use evidence, such as camera footage, to prove your degree of liability. The less responsible you are for the accident, the greater your percentage of the settlement will be.

Add Punitive Damages

Finally, your motorcycle accident lawyer can request punitive damages in addition to your compensation for economic and non-economic damages. Punitive damages are typically designed to punish the person who was responsible for the accident. Specifically, punitive damages are included in cases where criminal actions, such as driving under the influence or speeding, were involved in the accident.

If you have been in a motorcycle accident, then you will need plenty of evidence to prove your degree of liability. Some of the most compelling evidence you can use is camera footage, such as from a helmet-mounted camera. To learn more about getting justice for your motorcycle accident in Houston or San Antonio, contact the Joe A. Gamez Law Firm, PLC today.