What Evidence Do You Need for a Strong Motorcycle Accident Injury Claim?
When you’re injured in a motorcycle crash, it doesn’t matter how clear the fault seems—if you can’t prove it, you may not get compensated. Insurance companies aren’t interested in fairness.
Whether you were struck by a distracted driver, hit in an intersection, or thrown from your bike by a car changing lanes without signaling, the burden is on you to prove what happened and how it impacted your life.
Insurers aren’t on your side, and motorcycle riders often face an uphill battle because of bias. Adjusters will look for gaps, question your decisions, and challenge your injuries. The only way to fight back is by creating a case that tells the full story through documentation, testimony, and clear legal strategy.
Here, our motorcycle accident lawyers explain what makes the difference in these cases, and how it protects your right to compensation.
The Police Report – Your Case’s Foundation
Colorado law requires all crashes involving injury or property damage to be reported to police. If you’re involved in a motorcycle accident and leave the scene without notifying law enforcement, you could face legal consequences under state crash reporting rules. More importantly, you’ll miss out on having one of the most critical forms of early evidence in your case.
Police reports typically include:
- The time, location, and road conditions at the scene
- Names and insurance details of all parties involved
- Diagrams showing vehicle and motorcycle positions
- Statements from drivers and third-party witnesses
- Any citations issued, such as speeding or failure to yield
- Documentation of visible injuries or vehicle damage
This initial record often becomes the backbone of your claim. If the other driver was cited for a violation or if the officer noted clear signs of distraction, that detail could heavily influence how fault is determined. Without a report, it becomes your word against theirs—and that’s a tough place to start from.
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(303) 999-9999
On-Scene Photos and Videos
Photographs taken immediately after a motorcycle crash can make or break a claim. They capture what the human memory can’t: the exact layout of the vehicles, debris in the road, weather and lighting conditions, and the initial damage before anything is cleaned up or moved.
What to photograph:
- Your motorcycle and the other vehicle, showing all sides
- Skid marks, broken glass, and fluid spills on the road
- Traffic signals, signage, and blocked views
- Weather and lighting at the time of the crash
- Your injuries and any damaged gear (helmet, gloves, jacket)
Take both wide-angle shots and close-ups, and make sure your phone or camera settings retain the timestamp. If the crash happened near businesses, intersections, or homes with visible cameras, note their locations. Surveillance and dashcam footage often disappears within days, so identifying sources early gives your attorney a chance to secure it.
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Medical Records – The Backbone of Your Injury Claim
Once you’ve left the crash scene, the most important evidence comes from what happens next: your medical care. Every ER report, X-ray, prescription, and doctor’s note is a link between the collision and the injuries you’re living with now.
To maximize your compensation, your medical documentation should clearly show:
- The type and extent of your injuries
- When and where you sought treatment
- What treatment was provided and what’s still needed
- Limitations on your ability to work or perform daily tasks
- Recommendations for surgery, rehab, or long-term care
Gaps in treatment or delays in follow-up care are red flags for insurers. They’ll use them to argue that you weren’t seriously hurt or that your injuries weren’t caused by the crash.
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Colorado Laws That Affect Motorcycle Claims
Motorcycle claims are often influenced by how well the rider followed traffic laws—especially when it comes to newer regulations like lane filtering. In Colorado, riders are now legally allowed to pass between stopped vehicles under specific conditions, but that doesn’t mean every instance of filtering is protected.
The law permits lane filtering only when:
- The road has two or more lanes moving in the same direction
- Traffic is completely stopped
- The motorcyclist travels no more than 15 mph
- The posted speed limit on the road is 45 mph or lower
If any of those criteria aren’t met—for example, if you were filtering while traffic was still crawling forward, or doing so on a higher-speed road—the insurance company may argue you were acting negligently. In those situations, they might try to reduce or deny compensation by claiming you contributed to the crash.
Understanding how Colorado’s new lane filtering law works gives you a clearer picture of how fault may be assigned. Even when you’re following the law, insurers may attempt to frame your actions as aggressive or unsafe. That’s why documentation of traffic conditions, lane markings, and your speed at the time of the crash can be so important.
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Witness Statements – Independent Testimony That Validates Your Experience
It’s common for at-fault drivers to change their story once they realize they might be held liable. That’s why third-party witness accounts are so valuable, especially in motorcycle cases, where riders often deal with unfair assumptions.
How to preserve witness evidence
- Get their full name and contact info before they leave
- Ask for a short written or recorded statement
- Note where they were standing or driving during the crash
- Ask if they’d be willing to speak with your attorney later
Even if the police write down names, they rarely collect full statements at the scene. If you can, collect what you can yourself or ask someone you trust to do it for you. These accounts may be the only independent confirmation of what really happened, particularly in crashes that occur quickly and without clear video evidence.
Calculating Real and Future Losses
Many motorcycle accident victims underestimate what their claim is worth because they focus only on the immediate costs. But a strong injury claim takes both your current and future losses into account.
Economic damages can include
- Hospital bills, surgeries, rehabilitation, and future medical care
- Lost wages during recovery
- Reduced earning capacity if you can’t return to your previous job
- Motorcycle repairs or total loss replacement
- Out-of-pocket expenses such as transportation or medical equipment
Non-economic damages cover the personal toll of the crash
- Pain and physical suffering
- Anxiety, depression, and trauma
- Loss of enjoyment of life and hobbies
- Impact on family relationships and independence
Under C.R.S. § 13-21-102.5, Colorado does not cap economic damages in personal injury cases, but non-economic damages are generally limited unless the injury qualifies as catastrophic or involves willful misconduct.
At Boesen Law, we work with financial experts to quantify long-term losses based on projected medical needs and employment impact. This gives us the foundation to negotiate a settlement that truly accounts for the full cost of your recovery, not just the bills you’ve already seen.
Your Next Step – Protect Your Case with a Strong Legal Strategy
If you were injured in a motorcycle crash, your next step should be more than just calling the insurance company, it should be protecting your future. A case built on strong, documented evidence is the best way to secure the compensation you need to recover.
The motorcycle accident attorneys at Boesen Law help riders build claims that stand up to insurance pressure. From documenting injuries and gathering expert opinions to challenging bias and presenting clear damages, we make sure your story is told—and supported.
To start building your case today, schedule a free consultation with our motorcycle accident lawyers. We’re ready to help you fight for the outcome you deserve.
Call (303) 999-9999 or complete a Free Case Evaluation form
