How to Prove Negligence in a Motorcycle Injury Case

Before getting compensation for motorcycle accident injuries, victims may have to prove liability unless their lawsuits settle out of court.

Proving negligence requires plaintiffs to establish the four elements of an injury claim. The first is that the defendant owed them a duty of care, and the second is that the defendant breached their duty of care by acting negligently. We must then show that the defendant’s breach also caused your injuries, which have cost you medical damages and lost wages, among other economic and non-economic damages. Not all motorcycle injury claims go to court, so not all victims end up presenting evidence to a jury and proving liability. That said, preparing claims for the potential of going to trial is crucial so that we are prepared to leverage evidence and negotiate a strong settlement quickly.

Call motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 to get help with your case.

What Must Victims Establish to Prove Negligence in Motorcycle Injury Claims?

To get compensation and prove liability for motorcycle accident injuries, plaintiffs must establish four crucial elements. They are duty of care, breach of duty, causation, and damages. By doing this, plaintiffs will meet the standard of proof and show that the defendant more than likely caused their injuries.

Duty of Care

The first step in any negligence lawsuit is establishing that the defendant owed the victim a duty of care. Drivers must operate their vehicles responsibly and follow traffic laws. They must yield to one another’s right of way, drive within the speed limit, and may not operate their vehicles recklessly or under the influence of alcohol. In short, a driver’s duty of care includes following local traffic rules and acting with reasonable care for the safety of others sharing the road, including motorcyclists.

Breach of Duty

Negligence occurs when someone breaches the duty of care they owe another. The most common ways drivers violate their duties of care and harm motorcyclists include speeding, reckless merging, and distracted driving. We can confirm how the negligent driver breached their duty by collecting witness statements. If you see anyone in the area after the accident, ask for their contact information or point responding police officers in their direction. Getting eyewitnesses’ names and phone numbers at the scene can enable us to contact them sooner and preserve their recollections and statements.

Breach of duty can be hard to pin down, especially for chaotic and complicated crashes. Furthermore, motorcyclists often face an uphill battle when seeking compensation, as there are preconceived notions about their recklessness compared to passenger car drivers. Because of this, accident reconstruction experts often benefit victims’ recoveries. They can review physical evidence from the scene and work in reverse to identify why and how the accident happened. Accident reconstruction can confirm the direction of travel for involved vehicles, the point of impact, and the speed of involved vehicles at the time of impact, as well as other pertinent details that show breach of duty.

Causation

Someone could be negligent without injuring a victim. That is to say, proving that the defendant was negligent is insufficient to prove liability for motorcycle accident injuries. Plaintiffs must go a step further and show that the defendant’s negligence directly caused their injuries. Again, eyewitness statements can be useful in this regard. As can testimony from medical professionals and physicians who have treated you. When accidents happen on busy roads or intersections, they could be filmed by security or traffic cameras. Motorcycle accident lawyer Jerry Friedman can investigate potential sources of video footage, including doorbell and dashboard camera footage, to use as evidence confirming the defendant caused the accident and, by extension, your injuries.

Damages

The final step in showing negligence and liability for motorcycle crash injuries is proving actual damages. Plaintiffs must demonstrate that they have incurred financial damages from the accident in question. Jerry can do this by closely monitoring your losses, notably your medical damages. These are often the most expensive costs for victims, as injuries from motorcycle crashes typically require intensive treatment, including surgery, physical therapy, and prescription medications.

In addition to organizing your medical bills, Jerry can calculate your lost wages. This is necessary when victims cannot return to work or their earning capacities are permanently reduced because of their injuries. Future damages, like future lost wages and medical costs not yet incurred, are also compensable.

There are also non-economic damages to consider, as victims typically deal with pain and suffering following accidents. Jerry can appropriately quantify your non-economic damages and use statements from mental health professionals to strengthen our request for compensation.

Do You Have to Prove Negligence to Recover Damages from a Motorcycle Accident?

When motorcycle accident lawsuits go to trial, plaintiffs must prove that it is more likely than not that a defendant owed them a duty of care and breached it, causing their injuries and damages. However, when victims settle out of court, they do not necessarily need to prove liability to recover compensation.

That said, preparing your case for the possibility of court is crucial, as it can ensure we have enough evidence of negligence to leverage over the defendant during settlement negotiations. During settlement talks, we can firmly assert your desired recovery, relying on eyewitness statements, expert witness statements, medical records, and physical evidence from the scene. Defendants who risk being found liable for considerable damages may ultimately settle claims fairly out of court. Before advising you to accept a settlement, Jerry can compare it to his calculation of your damages to ensure it is appropriate. If it is not, he can discuss counteroffers and alternative settlement agreements or, depending on your desired timeline and outcome, take your case to court and prove liability to a jury.

Call Jerry About Your Recent Motorcycle Accident

Call motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 to discuss your case for free.