You must prove the accident was due to negligence by another party to qualify for compensation after a motorcycle accident or any other motor vehicle accident. Otherwise, your injury claim will not be valid for financial recovery.
Motorcycle accidents are known to cause severe injuries and damages, so the victim can be eligible for a lot of compensation. However, the at-fault party might be unwilling to pay a considerable amount of settlement, and they’re likely to try to underpay. A motorcycle accident lawyer can help by collecting evidence and establishing negligence.
How Negligence Is Established in a Motorcycle Accident
After a motorcycle accident, establishing negligence involves presenting evidence showing a breach of duty of care leading to damages and injuries. It can help to consult a motorcycle accident lawyer to better understand how negligence is established.
You must prove negligence to file a valid claim or lawsuit for compensation after a motorcycle accident. Here are the four elements lawyers use to prove negligence:
- Duty of Care: If the party at fault was another driver, it’s evident they owed you a duty of care by maintaining safety while on the road. A driver must follow the safety rules on the road, including not speeding, running red lights, or driving under the influence (DUI), to avoid accidents.
- Breach of Duty of Care: It happens when a motorcycle accident occurs due to carelessness, like driving while intoxicated or fatigued. If a reasonably sensible person in similar circumstances would not have behaved the way the at-fault party did, it means there was a breach of duty of care.
- Breach of Duty Caused Injuries: The driver’s careless actions on the road led to the motorcycle accident, causing injuries and damages. You must show a connection that the injuries sustained resulted from the motorcycle accident.
- Injuries and Damages Occurred: Lastly, you must show you suffered losses due to your injuries and damages. You might suffer medical bills, lost wages, and property damages. Your motorcycle accident lawyer can assist in compiling evidence to prove the damages are connected to the accident.
All four elements of negligence must exist to enable you to prove that a party is liable for your accident and that they owe you compensation for damages. The stronger the proof of failure and damages incurred, the higher your chances of receiving a fair settlement from the at-fault’s insurance company.
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How to Gather Evidence of Negligence
If your injuries are mild after the motorcycle accident, you can collect evidence at the scene immediately to start building your case. Here are a few steps you can take to gather information to help in establishing negligence:
- Call the police to notify them about the accident immediately after it happens.
- Seek medical attention to prove you sustained injuries and follow treatment instructions.
- Note the contact information and insurance information of the other parties involved in the accident.
- Keep track of all medical care bills, receipts, lost wages, and any further proof of your damages.
- Document the events of the accident and your emotional status after the accident.
- Consult a motorcycle accident lawyer if you need legal help.
What Are Examples of Negligence in a Motorcycle Accident?
Nearly all motorcycle accidents are due to the negligence of the motorcyclist and other motorists on the road. Examples of negligent actions on the road include:
- Driving while under the influence
- Failing to yield
- Running a red light
- Following too closely
- Failing to check before making a left-hand turn
Motorists on the road should ensure they follow all the road safety rules to reduce road accidents and uphold their duty of care.
What Damages Can You Recover?
There are several losses that a motorcyclist can recover as compensation after an accident, including:
- Lost wages and benefits
- Therapy and rehabilitation expenses
- Property damages
- Medical treatment bills
- Prescription medications
- Pain and suffering
- Wrongful death
A motorcycle accident attorney can help you identify all the losses you’re eligible to recover in your case. The lawyer can also negotiate on your behalf with the liable party for a fair settlement. If they can’t agree on a fair settlement, your lawyer could also file a lawsuit in court against the insurance company.
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Contact Isaacs & Isaacs Personal Injury Lawyers for a Free Case Review
At Isaacs & Isaacs Personal Injury Lawyers, we are ready to help you collect evidence and prove negligence so that you can pursue financial compensation after a motorcycle accident. Our team of lawyers has over 400 years of collective legal experience assisting motorcyclists to receive the recovery they deserve through negotiations and litigations. Call us today to schedule a free case review.