How Negligence Is Established in a Motorcycle Accident

Determining negligence after a motorcycle accident is essential to recover compensation in a personal injury claim or lawsuit. To establish negligence, you must prove four criteria have been met: duty of care, breach of duty, causation, and damages. Doing so can be a complex process of evidence collection and analysis.

Legal representation can be helpful, as a motorcycle accident lawyer can thoroughly investigate your accident, gather evidence, and build a strong case to prove negligence. In this article, we will discuss how negligence is established and how it impacts your ability to recover your losses after a motorcycle accident.

The Four Elements of Negligence and How They Affect Your Motorcycle Accident Case

To prove that someone acted negligently and is liable to pay compensation for your accident, you must prove that they met the following four criteria:

Duty of Care

Duty of care refers to the professional, social, and legal obligations a person has when engaging with others. People are expected to behave responsibly with the goal of ensuring safety for those around them. An example of a duty of care is that drivers must obey traffic laws because these laws are set in place to ensure the safety of everyone on the road.

Breach of the Duty of Care

Once you have determined that a duty of care exists between you and the other party, you must next prove that someone failed to uphold that duty. Some examples of this include:

• Someone driving under the influence of drugs or alcohol, which may lower their ability to react in a safe manner
• A driver who fails to check their blind spots when merging lanes
• Someone driving over the speed limit, as those limits are in place to increase safety

Causation

You will also need to prove that the breached duty of care was the direct cause of the accident. For example, if a driver failed to check their blind spot before changing lanes and hit you, they have failed in their obligation to operate their vehicle safely.

Damages

You must prove that you suffered losses because of their actions. For example, you have medical records to prove that your injuries were a result of the accident. In some cases, your attorney may seek out additional support by consulting with medical experts who can explain the full impact of your injuries.

Negligence Laws and How They Affect Your Motorcycle Accident Claim

Many states use some form of comparative negligence laws. These systems allow you to recover compensation, even if you are partially at fault for the accident. However, states differ in the cut-off point where you may be at fault and still collect compensation.

Under California’s comparative negligence system, you may still receive compensation as long as you are not 100% at fault. In Idaho, you may only receive compensation if you are 49% or less responsible for the accident. Additionally, your compensation is limited to your percentage of fault. If you are eligible to recover $100,000 in damages but were 20% at fault, you will be capped at recovering $80,000.

Insurance companies may attempt to shift more blame onto you to justify a lower settlement. However, a personal injury attorney is your advocate for a fair settlement in these situations. They can counter these tactics with solid evidence and a compelling case, ensuring you receive fair compensation.

Establishing Negligence After a Motorcycle Accident

While it may seem simple to prove negligence in some cases, it is usually more complex than initially meets the eye to prove who was at fault. For example, if someone was distracted and it caused an accident, you will need to provide evidence that shows they were distracted.

A motorcycle accident lawyer will investigate your accident to gather this type of necessary supporting evidence. Helpful evidence for proving negligence may include the following:

Witness Interviews

Whether they are other drivers, passengers, or bystanders, witnesses may be able to provide clear and impartial accounts of what occurred. For example, a witness may have noticed that an at-fault driver ran a red light before the accident.

Timeliness in collecting witness statements can be important, as memories may fade or the ability to locate witnesses may become harder.

Surveillance Footage

While eyewitness accounts are helpful, they may have had an obstructed view of the accident or may not remember specific details. Video footage, on the other hand, can offer precise proof of what happened.

Footage from traffic cameras, dash cams, cell phones, or even security cameras at nearby businesses may be available. Obtaining this evidence quickly can be essential, as some types of footage may be on deletion schedules.

Police Reports

When police officers are called to an accident scene, they will create a crash report that details their observations of the accident alongside other helpful details. For example, an officer may have observed that a driver was inebriated.

Expert Statements

In some cases, a lawyer may consult with a subject matter expert. These experts can offer specific knowledge about different aspects of your case. For example, an accident reconstructionist can analyze evidence to show how an accident was likely to have occurred.

While recovering, you should focus on your health rather than on investigating your accident. Having a lawyer supporting your motorcycle accident case means having an advocate to prove negligence for you.

How a Motorcycle Accident Attorney Can Help

After a motorcycle accident, an attorney can help you in a variety of ways beyond investigating your accident. They will support you throughout the entire legal process. They will:

• Handle all necessary paperwork
• Communicate with insurance companies and other parties on your behalf
• Negotiate for fair compensation
• Advise you on settlement offers
• Answer your questions
• Keep you updated on the progress of your case
• Represent your case in court, if necessary

Legal representation can provide you with the support you need to establish negligence and recover the compensation and justice you deserve.

Call Sargent Law Firm Injury Lawyers Today for Help

If you are unsure about hiring an attorney due to financial considerations, our personal injury lawyers work on a contingency basis. You will not need to pay upfront legal costs and will only pay our fees if we recover compensation on your behalf.

Contact the legal team at Sargent Law Firm Injury Lawyers for a free review of your case.