Negligence refers to the action or inaction that can make someone legally at fault for another person’s injuries. Establishing negligence after a motorcycle accident involves presenting evidence from your case that shows the following:
- Duty of care: The driver was responsible for driving safely to protect others on the road.
- Breach of duty of care: The driver drove carelessly or otherwise put other road users at risk.
- The connection between the breach and the accident: The driver’s unsafe actions caused or contributed to the motorcycle collision.
- Injuries and damages occurred: The victim has injuries and financial damages from the collision.
When you hire your attorney to represent you, they can further explain how negligence is established in a motorcycle accident. They will take this knowledge and apply it to your case, helping you collect the evidence you need to prove your right to compensation.
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Examples of Negligence that Cause Motorcycle Collisions
Various factors, such as risky and dangerous driving, can count as negligence in a motorcycle accident. According to the National Highway Traffic Safety Administration (NHTSA), drivers can be found negligent when they:
- Drive under the influence of alcohol and/or drugs
- Drive while drowsy
- Speed excessively
- Are distracted by their phone behind the wheel
- Do not obey traffic signs and signals
- Drive dangerously without regard for others’ safety
If you suffered injuries in a motorcycle accident because of another driver, you can use evidence of these actions to prove negligence. Establishing negligence can help you recover the compensation that you need and deserve.
A motorcycle accident lawyer can assist you with identifying the at-fault parties and proving negligence. This can be especially helpful if you suffered significant injuries or your case involves multiple parties.
Identifying Negligent Parties In a Motorcycle Accident Case
Individuals who experience motorcycle accidents often have a good idea of who is to blame for their damages. While this may be the case, you need evidence to legally establish negligence and hold the responsible party to account.
Evidence that could help you identify the responsible party and prove their negligence includes:
- Police accident reports
- Witness statements
- Photographs of the accident scene and motorcycle damage
- Photographs of your injuries
- Medical reports of accident-related injuries
Multiple Parties May Be Responsible for Your Collision
Based on the evidence in your case, you may find that one or more parties are responsible for your collision and damages. In some cases, someone other than a driver may be to blame, such as:
- A local government entity, if the accident happened due to a road defect
- A business, if the driver was working at the time the accident occurred
- A car manufacturer, if the accident happened due to a vehicle defect
Establishing negligence in a motorcycle accident can be tricky and time-consuming. Your motorcycle accident lawyer can research your case thoroughly and identify the potential at-fault parties. Your lawyer can also advise you on the best way to pursue damages from the liable party.
Recovering Compensation from The at-fault Party
A motorcycle collision can leave you facing many different types of damages, including:
- Past, present, and future medical expenses
- Transport costs such as car rental expenses
- Loss of income and future loss of income
- Physical and mental anguish
- Permanent disability
- Loss of a limb or a sense
Getting compensation for these damages will typically involve dealing with the insurance company of the at-fault party. This can be an uphill struggle of negotiations, which may or may not result in a fair settlement. Insurance adjusters often try to keep any payouts as low as possible.
Accepting a quick settlement offer from the insurance company may not be in your best interest, especially if you are not sure what your future medical needs will be. A motorcycle accident lawyer can communicate with the at-fault party’s insurance to fight for the settlement you deserve. If you are unable to reach a fair settlement, your attorney can use your proof of negligence to build a lawsuit.
Call Our Attorneys Now for a Free Consultation
The team at Jacoby & Meyers Law Offices can work tirelessly to handle each aspect of your case so you can focus on getting back to your life. Contact us today for a free case review with one of our team members at (888) 522-6291.