A motorcycle accident can be a traumatic experience, especially if you’ve suffered severe injuries due to someone else’s negligence on the road. Car accidents are less risky compared to motorcycles. For one, motorcycle drivers are more exposed to outside safety hazards due to the lack of airbags and other safety features found in automobiles.
Furthermore, if you sustained injuries in a motorcycle accident, you may be entitled to receive compensation for your economic and non-economic losses. However, before you can get compensated, proving the negligence of the alleged party or parties is crucial to ensure you have a valid claim.
If you’re filing a claim for the first time, keep reading this article to learn how negligence is determined in motorcycle accidents.
Who Are The Parties Who May Be Held Liable?
When proving negligence in motorcycle accidents, you’ll also have to determine the possible parties who may be held responsible for what happened. Thus, it would help to familiarize yourself with the party or parties you can name as the defendant in your claim. This way, you can maximize the compensation you’re entitled to under the law.
The parties who may be held liable in motorcycle accidents include:
- Other driver(s) involved in the accident;
- Motorcycle manufacturer;
- Manufacturer of the other vehicle involved in the accident;
- Motorcycle component’s manufacturer;
- Retailer of the motorcycle;
- Repair shop responsible for maintaining and repairing the motorcycle or other vehicle involved; and
- Government entity responsible for road maintenance and safety, especially if a particular road hazard had a role in causing the motorcycle accident.
Depending on the unique circumstances of the accident, these parties may be held accountable for the motorcycle accident. However, establishing these parties’ liability in your claim can be complicated and challenging. Hence, if you’re injured after a motorcycle accident, consider hiring a lawyer to help determine the extent of liability of the parties involved. This way, you can maximize your financial recovery.
How Can You Establish Negligence In A Motorcycle Accident?
Before getting compensated for the injuries, you first need to determine the negligence of the alleged at-fault party or parties in a motorcycle collision. Technically, negligence refers to the lack of ordinary diligence or a certain degree of care exercised by a prudent person under the same circumstances.
For a motorcycle accident claim to prosper, proving the existence of negligence is essential. To determine negligence, the following elements should be present under the circumstances:
- Duty Of Care
The defendant(s) owed a duty of care to you, which means they had an obligation to prevent you from getting hurt. For example, in motorcycle accidents, every motorist should exercise reasonable care to act in ways that don’t cause harm to others. This degree of care also applies to a company or government that may be liable for motorcycle collisions. In that case, it’s crucial to establish the existence of the duty of care of the defendant(s) to prove negligence.
- Breach Of Duty Of Care
The at-fault party or parties breached their duty of care by acting in a manner that causes harm to other persons. Examples of committed negligent acts on the road are failing to observe the road signs, speeding, driving under the influence of alcohol or drugs, and other reckless actions. Hence, as the plaintiff, you need to show that the opposing party or parties have been negligent, resulting in the motorcycle accident and your injuries.
- Causation
To establish negligence on the part of the opposing party or parties, you need to prove that their negligent actions were the proximate cause of the accident and the injuries you sustained. Some injuries in a motorcycle accident include concussions, broken bones, and brain injuries.
- Damages
Finally, you must demonstrate that your injuries resulted in significant economic and non-economic damages. These include medical expenses, physical therapy costs, lost income, property damage, pain and suffering, and loss of enjoyment in life.
The above elements should exist to determine and establish negligence in motorcycle accidents. You can do this by collecting evidence to prove each element’s existence. These include medical reports, police reports, citations, and witness testimonies.
Remember, the stronger your evidence is, the better your chances of receiving fair compensation for your injuries. You can seek legal help from a lawyer to help you with the evidence-collection process to ensure the best possible outcome.
Conclusion
Your ability to recover compensation after a motorcycle accident may depend on how you determine the other party or parties negligence. If you can establish their liability, you can get compensated for all the injuries you’ve suffered because of the collision. Therefore, keep the above information in mind if you file a motorcycle accident claim. This way, you’ll know how negligence is established in motorcycle collisions.
