Top 7 Mistakes To Avoid When Collecting Motorcycle Accident Evidence

Thousands of people are involved in motorcycle crashes every year, and many don’t make it out alive. In Los Angeles alone, 2,791 motorcycle accidents occurred in 2024, leaving 67 dead and over 3,000 injured. 

If you make it through, the struggle isn’t over—getting fair compensation can be challenging if you don’t have enough evidence. Forgetting to take photos, get witness information, or ask for a police report can weaken your case. 

Avoiding the common mistakes some accident victims make after a crash is essential to protecting your rights and building a stronger motorcycle accident personal injury claim.

7 Mistakes That Weaken Your Motorcycle Crash Claim

It’s normal to feel shaken or overwhelmed after a motorcycle accident. But watch out for these common mistakes to save yourself time, money, and effort in the aftermath.

1. Not taking photos or videos

Photos and videos tell the real story of the crash. Without them, you’ll have to rely on memory, which can fade or become unclear due to the shock of the accident. 

To strengthen your motorcycle injury claim, take photos and videos from multiple angles—show the accident scene, damage to all vehicles, road conditions, skid marks, injuries, and even nearby traffic signs. Use your smartphone to take close-ups and wide shots, and if possible, timestamp the images. 

Skipping this step means losing critical proof to determine fault.

2. Failing to gather witness information

Witness statements can make or break your case. Don’t assume the police will get everything—they sometimes miss or leave out witness details.

That said, personally ask witnesses for their names, contact information, and a quick summary of what they saw from their perspective. Ask them to describe the sequence of events and pay attention if they seem unsure, as it may affect their credibility later.

A witness statement can support your side of the story and help prove who was at fault. Someone not involved in the accident will have a different and unbiased account of what transpired.

3. Overlooking the importance of a police report

A police report is strong evidence for your personal injury case after a motorcycle crash. But many people do not call the police, thinking the accident is too minor or agreeing to settle things informally. Without an official report, it’s harder to prove fault.

Always request a copy of the police report and check it for accuracy. Ensure it has the following details:

• Time, date, and place of the accident
• Names, contact info, and insurance details of everyone involved
• Statements and personal information of witnesses
• Road, weather, and lighting conditions at the scene
• Details of injuries and vehicle damage
• A diagram of the accident
• Any traffic tickets issued
• Initial police opinion on who was at fault

To get a police report in California, contact the agency that investigated the accident, fill out a form, and pay a small fee. If the accident happened within city limits, contact the local police department. Otherwise, contact the County Sheriff or the California Highway Patrol.

Errors or missing details can weaken your motorcycle accident personal injury claim and make it harder to get the compensation you deserve.

4. Admitting fault or saying too much

What you say at the accident scene can come back to haunt you. Apologizing, guessing what happened, or downplaying your injuries can be used against you later. So, it’s best to stick to the facts when talking to the police and the other drivers. 

Also, never give a statement about the accident to the at-fault parties’ insurance company. Anything you say can be used against any personal injury claim you might file in the future. 

If you’re unsure what to say – or not say – a motorcycle accident lawyer can help you avoid saying anything that could hurt your case.

5. Neglecting to document injuries properly

Some injuries take time to show up, and without medical records, it’s harder to prove that an accident caused them. Seek medical care immediately and take photos of your injuries as they heal. 

Keep a journal that tracks your pain levels, doctor visits, and treatment progress. This documentation can link your injuries directly to the accident and significantly impact the outcome of your claim.

6. Not preserving evidence like damaged gear or clothing

Your damaged helmet, jacket, and other protective gear aren’t just trash—they’re physical evidence that can show the severity of the crash. 

Many victims make the mistake of repairing or throwing away these items too soon. Instead, keep everything in its damaged condition until your claim is resolved. These items can help prove the force of impact and further support your case.

7. Waiting too long to contact a lawyer

Waiting too long to seek legal help can weaken your case. You may think your claim is too small for legal assistance or believe the insurance company will handle everything reasonably, but that’s rarely true.

In California, the statute of limitations for most personal injury lawsuits is two years from the date of the injury. This means, you must file a personal injury claim within two years of the motorcycle accident.

Contacting a motorcycle accident lawyer early gives you a better chance of building a strong case. RMD Law offers free consultations and expert advice to help guide you through the process. We’ll help you gather motorcycle accident evidence and contact the proper agencies to strengthen your case.

Learn How RMD Law Can Help You

Getting involved in a motorcycle accident can be traumatizing. It’s a relief if you walk away without serious injuries, but even then, it’s crucial to gather as much evidence as possible—especially if the accident wasn’t your fault. Taking the proper steps can protect your rights and strengthen your claim. 

If you don’t know where to start, RMD Law has your back. With over $200 million won in settlements and a strong track record of success, our experienced attorneys know how to handle motorcycle accident cases. We offer personalized legal assistance and work on a contingency fee, so you only pay if we win.

Contact us today at (949) 828-0015 for expert legal guidance on motorcycle accident claims.