Early Investigation and Expert Witness in Motorcycle Accident Claims
Following a motorcycle accident in California, your first priority should be to obtain emergency medical treatment for your injuries. At the same time, you or your loved ones should reach out to a dependable Roseville motorcycle accident attorney who can carry out a timely and detailed investigation to build a robust personal injury case for your compensation from the at-fault party.
Need for a Careful Investigation
If the police report has been prepared, your lawyer will first help you obtain a copy of the report to understand what details about the accident have been recorded by the police. But even if the police report is not yet ready, your lawyer will determine whether to send an investigator directly to the scene of the accident to document the actual sequence of events as early as possible.
Time is of the essence because crucial pieces of evidence may disappear fast. For instance, skid marks that could provide clues about how the accident occurred could fade away very easily, or the debris, obstructions, or wrong signage that may have contributed to the accident may get removed or changed if there is a delay in conducting this investigation.
Expert Witness to Reconstruct the Accident
Sometimes it may be in your best interest to have a motorcycle accident reconstruction specialist on your side who can later become an expert witness to back up your claim. Your attorney can arrange for the visit of this expert witness and an investigator to the accident scene once the police report copy has been received.
The expert can look into how accurately the police report has described the accident and will record critical aspects to the case that might have been ignored in the police report. In practical life, the police officer might be under pressure to clear the scene of an accident as fast as possible to enable the traffic to resume.
With this overriding concern on their mind, a police officer can skip actual measurements and rely on rough estimations. Hasty action could result in errors in the report, and even some of the critical eyewitnesses to the accident may not be identified or interviewed.
Even when an eyewitness has been interviewed by the police, chances are that the interview may have been only superficial and ended within a few minutes. On the other hand, if your lawyer or their hired investigator interviews the same eyewitness, they may end up spending hours with that person to ensure that a complete and detailed account is obtained.
A missed eyewitness or an erroneous measurement by a few inches could make all the difference to your personal injury claim. Therefore, a thorough investigation through your lawyer and the expert account from an accident reconstruction specialist may prove crucial in these types of cases.
You should also remember that the at-fault party would not be sitting idle, and you can expect investigators from their insurance company to get to the accident site within hours, or perhaps sooner after they report the crash depending on the severity of it.
Types of Expert Witness for Motorcycle Injury Claims
Motorcycle Engineer or Physicist
These motorcycle experts have specialized knowledge of the design and function of a motorcycle and can significantly contribute to the motorcycle accident reconstruction.
Biomechanical or Biomedical Engineer
If helmet failure contributed to your motorcycle accident injuries, a biomedical or biomechanical engineer can provide expert testimony about why the helmet failed to protect your head as well as determine the correlation between the helmet failure and your traumatic brain injury.
Motorcyclist Behavioral Specialist
Although jurors are expected to have familiarity with how a car driver would behave or react in a particular situation, they may be much less familiar with how a motorcyclist would act under similar circumstances. This could require the services of a behavioral scientist with expert knowledge of motorcyclist behavior.
Metallurgist or Motorcycle Manufacturing Expert
If your injuries may be attributable to the manufacturer’s fault, a witness with expertise in the manufacture of motorcycles, tires, and other components may be able to help determine product liability.
Role of an Expert before a Jury
The expert witness should be able to explain or demonstrate before a jury, for instance, that the steering of a motorcycle is very different from that of a car. Leaning is essential to maintain balance when a motorcycle rider must travel in a curved trajectory. Leaning in proportion to the radius of the turn is usually not dangerous motorcycle driving, but a necessity to maintain balance and to make the turn.
If a car driver applies the brakes, the vehicle will usually come to a halt in a straight line. But when a motorcycle rider performs the same action, the bike will often lay down, and the rider might slide to a gradual stop (or land on the pavement.) It may be necessary to highlight these facts before a jury.
The following video explains why motorcyclists are more likely to be seriously injured in an accident.
Motorcycle Accident Attorneys in Roseville
I’m Ed Smith, a Motorcycle Accident Attorney in Roseville. Motorcycle accidents can be vastly different from a car accident, even though both types of accidents are covered under California’s personal injury law. To successfully pursue your claim for damages, you should work with a lawyer who understands the subtle differences that can impact the final outcome of your case.
A dedicated Roseville motorcycle accident attorney will fight to protect your rights and help you obtain maximum possible compensation. Call me at (916) 921-6400 or (800) 404-5400 for free, friendly advice.
Photo by Conor Samuel on Unsplash
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