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Legal information: Investigating a motorcycle accident

by Margaret Mair

Created on: January 03, 2009   Last Updated: January 09, 2009

Motorcyclists are more likely than drivers to be involved in a serious accident. For them, proper gathering of the right information can be even more crucial to an accident investigation.

Exactly what the rider is able to do will depend on the severity of the accident. If they can they should:
* Stay at the accident scene
* Notify police
* Wait for police and emergency services to deal with property damage or injury


* Collect the following information:
* Other driver's name, driver's license number and birth-date;
* Driver's and passenger's contact information;
* Driver's insurance information
* Vehicle make, model, colour
* Vehicle identification number ( on windshield, driver's side)
* Get witnesses' contact information
* Observe and record the accident scene using notes, diagrams and, if possible, photos. Document:
* The direction the vehicles/motorcycle were traveling in
* Their positions afterward
* Their general condition
* Accident damage
* Road surface, speed limit, traffic control devices
* Time of day, weather, and their effect on road conditions
* Damage to helmet, safety gear and clothing
* Visible injuries.
Be aware that any notes may be shared with others, including people involved in the accident, their insurance companies and their attorneys.

The police interview is an investigation of the facts of the case, not speculation about the cause of the accident. The information given will be part of the police report, which will also include information from others involved and witnesses plus the police assessment of the accident scene. The report should be completed and available in about ten days. It is an official and unbiased third-party account which provides a good basis for deciding whether to take further action.

The police will gather all evidence they consider relevant, including:
* Skid marks
* Impact data
* Damage to surrounding property
* Road surface and conditions at the time
* Data from the on-board Electronic Data Recorder if the vehicle has one

More and more cars have EDRs or "black boxes". The EDR:
* Collects information shortly before and/or at and after impact, including:
- engine/vehicle speed
- brake status
- throttle position
- state of driver's seat belt switch
* Makes data available multiple times by download through the vehicle's OBDII port
* Is considered legal evidence
* Is currently considered the vehicle owner's property
* Is used by police and other accredited investigators.
The data contained may be used to provide evidence about the collision. Knowing

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