An injured bicyclist should know what types of evidence are important for protecting his or her claim. Also, evidence from the scene and witnesses at the scene can also establish that the accident was the fault of the bicyclist not the driver. A 1998 Wisconsin bicycle accident in Sauk County provides some insight into what type of evidence a jury might hear when trying to determine who was at fault in a bicycle accident. The unpublished opinion lists the following evidence which was presented to the court:
1. Police reports;
2. Photographs of the accident scene;
3. Deposition testimony of several witnesses from the scene of the bicycle accident;
4. Testimony concerning the physical area including a hill, driveway, stop sign, shrubbary making a driveway less visible from the road;
5. Testimony of the stopping of the vehicle and speed of vehicle prior to the bicycle accident;
6. Estimates of time on the road;
7. Estimate of distance between truck and vehicle when driver first saw bicylist;
8. Length and type of skid marks,
9. Reports from a police officer that the bicyclists brakes did not both work properly when he inspected the bicycle after the accident;
10. Expert witness testimony estimating speed of vehicle based on skid marks;
11. Testimony to a friend that the bicyclists brakes were not working properly (said prior to accident).
12. Testimony from a mechanic that after he examined the bike after the accident, the brakes were not working properly.
Post a Comment