Proving Liability in a Motorcycle Accident Case
Motorcycle accidents can have devastating consequences, often resulting in serious injuries and significant property damage. When pursuing a legal case after a motorcycle accident, establishing liability is a crucial aspect. To help make a strong liability case, please consult with a skilled motorcycle accident attorney now.
Basic Elements of Liability
In order to hold a party liable in a motorcycle accident case, you generally must prove the following:
- Duty of Care: The defendant owed you a duty of care. In most jurisdictions, all road users, including motorcyclists and drivers, have a duty to operate their vehicles safely and follow traffic laws.
- Breach of Duty: The defendant breached this duty by acting negligently or recklessly. Examples include speeding, distracted driving, or failing to yield the right of way.
- Causation: The defendant’s breach directly caused the accident and your resulting injuries or damages.
- Damages: The plaintiff suffered actual damages, such as medical bills, lost wages, pain and suffering, or property damage.
Collecting Evidence
Gathering evidence is crucial to help establish liability in motorcycle accident cases. Important pieces of evidence include:
- Police Reports: These often contain preliminary findings, witness statements, and determinations of fault.
- Photographs and Videos: Visual evidence from the accident scene, vehicle damage, and injuries can be invaluable.
- Witness Statements: Eyewitnesses can provide critical perspectives on how your accident occurred and the extent of the injuries you suffered.
- Medical Records: These can document the extent and nature of your injuries.
- Expert Testimonies: Accident reconstruction experts can provide insights into the mechanics of your accident and the actions of the parties involved. Your motorcycle accident lawyer can help you obtain an expert if necessary.
Challenges in Motorcycle Accident Cases
There are two common challenges in proving liability in motorcycle accident cases. These are:
- Bias Against Motorcyclists: Unfortunately, some jurors and insurance adjusters may have biases against motorcyclists, assuming they are reckless. Overcoming these biases requires compelling evidence and effective legal representation.
- Comparative Negligence: Some jurisdictions use comparative negligence, meaning each party in an accident can be found at fault. If the injured motorcyclist is found partially negligent, their compensation could be reduced by their proportion of fault.
Contact Justice Through Compensation for Help
If you or a loved one was injured in a motorcycle accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by jcomp on Freepik