You got hit by a car while riding your bike. The whole thing happened in maybe two seconds. But proving what actually happened and who's responsible? That's going to take a lot longer. When you're sitting in my office with injuries and medical bills piling up, one of the first things you want to know is how we're going to prove this wasn't your fault. Fair question.
The Burden Of Proof In Bicycle Accident Cases
In Washington, we need to show that the driver was negligent. There are four elements we have to prove: the driver owed you a duty of care, they breached that duty, their breach caused the accident, and you suffered damages. Drivers are legally required to share the road safely with cyclists. When they speed through intersections, run red lights, or change lanes without looking, they've breached that duty. But there's a big difference between knowing what happened and being able to prove it in a legal setting.
Police Reports And Official Documentation
The police report is usually where we start. It's not the whole story, but it gives us a foundation. These reports include the officer's observations, statements from you and the driver, anything witnesses said, citations that were issued, diagrams of the scene, and whether the driver got a ticket. All of these things help us tremendously. A citation for failing to yield or distracted driving is official recognition that they broke the law. Insurance companies can't just brush that aside.
Witness Testimony Builds Your Case
Someone who saw what happened can back up your version of events. They don't have anything to gain or lose. That makes their testimony valuable. A Seattle bicycle accident lawyer will move fast to find these witnesses. Memories fade. People lose contact information or move away. We've seen it happen too many times. Witnesses can be other drivers who were nearby, pedestrians at the crosswalk, or someone looking out a shop window. What they saw matters because they're neutral parties.
Physical Evidence From The Scene
Skid marks don't lie. Neither does debris. The damage to your bike, your helmet, and the car that hit you, all of it tells us something about how this collision happened. Photos taken right after the crash preserve everything before it gets cleaned up or changed. The dent in the car's bumper shows where the impact occurred. The scrapes on your bike frame indicate the angle of collision. Sometimes these physical details completely contradict what the driver claims.
Traffic Camera And Surveillance Footage
A lot of Seattle intersections have cameras. Businesses have security systems. Apartment buildings have cameras. People have doorbell cameras now. Video footage is about as good as evidence gets. But it won't be around forever. Many systems auto-delete after a week or two. That's why Herschensohn Law Firm, PLLC moves quickly on this. Once it's gone, it's gone.
Accident Reconstruction Analysis
Sometimes we need to bring in someone who can piece together exactly what happened. These professionals look at:
- How fast both of you were going based on skid marks and where you ended up
- What each person could actually see from their position
- Who had the right of way based on timing
- The physics of how bikes and cars move and collide
Their analysis can settle disputes about fault when it's one person's word against another's. And their reports carry weight with insurance companies and juries.
Cell Phone And Electronic Records
Was the driver on their phone? Phone records will show us. Call logs, text timestamps, app usage, it all creates a timeline of what they were doing when they should've been watching the road. Modern cars have event data recorders too. Think of them like black boxes. They capture speed, braking, and steering in the moments before impact. You'd be amazed at how often this data proves the driver is lying about what happened.
Medical Records Link Injuries To The Accident
Your medical records do more than document your injuries. They establish that the crash caused those injuries. Emergency room notes, X-rays, CT scans, and what your doctors write in their charts connect your specific injuries to getting hit by a car. This documentation is evidence. It proves causation, which is one of those four elements I mentioned earlier.
Why Legal Representation Matters
Insurance companies fight bicycle accident claims hard. They'll argue you caused your own injuries. They'll say their driver couldn't have avoided hitting you. They'll try to pay you as little as possible. That's their job.
Having a Seattle bicycle accident lawyer who knows how to gather evidence, preserve it before it disappears, and present it effectively makes a real difference. We know what we're looking for. We know how to find it. And we know how to use it to build a strong case. If you've been injured in a collision with a car, getting legal help early protects your rights. Contact us today.
