Proving Negligence in a Motorcycle Accident

Motorcycle Accident Lawyer

As the victim in a motorcycle accident, if you file a lawsuit, your case is likely to entail a claim against an at-fault driver for negligence. Failing to act with care that any reasonable person would have done in a similar situation is defined as negligence. There are five elements common for vehicle related negligence claims: 

#1 Duty

A person is obligated by law to act in a way that is reasonably safe towards others in certain situations. In the case of a motorcycle crash, where someone hit a motorcyclist, the defendant would be the at-fault driver. In most instances, there was a legal duty for the driver to operate his or her vehicle in a way that didn’t endanger others but failed to do so, and this can be proven through accident evidence and the victim’s injuries. 

#2 Breach of Duty

Breach of duty is when a defendant doesn’t fulfill his or her duty of care due to engaging in unsafe and unthoughtful actions. For example, if a driver ran a street light and hit a motorcyclist, the court may assume that the driver had violated this duty of care by legal standards because a driving law was broken. Your lawyer can consult with you about whether the driver’s actions constitute breach of duty. 

#3 Cause-In-Fact

An injured rider must show that the car driver had caused their injuries and losses. This is sometimes referred to as “but-for” causation, as the injured person must show that if not for the at-fault driver, there wouldn’t have been a crash to ensue and resulting injuries and damages. 

#4 Promixate Cause

The reckless driver may be held financially responsible for harm caused to the motorcyclist, including current and future expenses. Serious injuries are viewed as foreseeable repercussions of poor driving, and thus, proximate cause can be established. 

#5 Quantifiable Damages

The injured motorcyclists must have suffered bodily injury, damage to motorcycle, and financial loss which can be calculated quantifiably. Your lawyer can review medical bills, treatment plans, wage loss paperwork, and receipts for out-of-pocket expenses as a way to calculate how much is fair in restitution for your case. 

For a consultation with a committed and seasoned motorcycle accident lawyer, contact Barry P. Goldberg today.