A driver’s statement that they did not see a motorcycle raises questions rather than answering them. Where was the motorcycle? What could be seen from the driver’s position? What did each person do before contact? Keep evidence of visibility separate from an assumption about what someone noticed or thought.

As Corey Rosensteel notes, “It’s not uncommon for people to underestimate how much small details about driver behavior matter when everything is being reviewed later.” The useful details are those tied to an observation or record, not a reconstruction of another person’s state of mind.

Start with position and timing

  • Road, direction, lane, intersection or merge and the point in the sequence being described.
  • The position of each vehicle and any obstruction such as a large vehicle, structure or vegetation.
  • Lighting, weather and traffic conditions at the event time.
  • The witness or file supporting each detail, with estimates and unknowns marked.

A clear view in a photograph taken later does not establish an equally clear view at the crash time. Traffic, shadows, parked vehicles and work-zone conditions may differ. Record the photograph’s actual date and position instead of treating it as a view through the driver’s eyes.

Separate what could be seen from what was observed

A witness may describe a vehicle’s movement, a turn signal or a visible action. Ask what they actually saw and from where. Avoid turning “the car moved into the lane” into “the driver never checked” unless there is evidence for that additional statement.

Likewise, a phone’s presence does not by itself prove distraction at the relevant moment. Device, vehicle or technical records may require lawful access and qualified interpretation. Identify a possible source and custodian; do not access another person’s account or device yourself.

Preserve visual evidence without creating another hazard

Keep original recordings and photographs when lawfully available, including source and timing information. Do not enter traffic, trespass or repeat a maneuver for a photograph. A camera near the scene may not record, and a recording may not include the important interval.

North Carolina Rule of Evidence 901 concerns identifying evidence as what it is claimed to be. Source records help assess an image; they do not establish fault simply because the image exists.

Keep technical and medical conclusions separate

A scene account cannot by itself calculate reaction time, impact forces or injury severity. North Carolina Rule of Evidence 702 addresses the foundation for qualified expert testimony. Record the actual professional opinion when one exists rather than adding one to a personal timeline.

For a crash in a traffic queue, the stop-and-go traffic evidence guide addresses lane positions and successive movements. Rosensteel Fleishman can discuss motorcycle claims involving disputed visibility or driver conduct using the specific accounts and available evidence.