Riding a motorcycle is considered a dangerous activity due to the presence of other drivers on the road. Motorists who sustain injuries due to the other party’s negligence can file a lawsuit against the said party to secure compensation. Below is a breakdown of how negligence is established following a motorcycle accident.
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What Does Negligence Entail?
Negligence is the failure of a party or an individual to act in a manner that minimizes the possibility of injuries. People have the duty of care in everyday life and must act responsibly to ensure others remain safe.
Regarding car and motorcycle accidents, it means checking the unseen areas before switching lanes, driving without distractions, and driving at the speed limit. A negligent driver doesn’t uphold their duty of care, and victims can hire a motorcycle crash lawyer to file a successful claim following a motorcycle accident.
Can More Than One Party Be Found Careless?
Some accidents are unique in the sense that more than one party is found responsible for the occurrence of the accident. This happens if multiple drivers operate their vehicles irresponsibly, causing an accident, or if the accident occurs due to a defect in the motorcycle or car.
Some businesses are found negligent when the driver on the clock in the company’s vehicle causes an accident, and some municipalities are assigned blame if the accident happens due to poor road conditions. If the victim and their lawyer can establish negligence caused by more than a single party, the victim is entitled to additional compensation.
Gathering adequate evidence, including medical records, photos at the accident scene, a police report, and witness testimony, is crucial in establishing a lack of care to hold more than one party liable for your accident.
How to Establish Negligence in a Motorcycle Accident Case
Your lawyer must demonstrate that there is the existence of a duty of care, a breach of the duty of care, and a breach of care to establish negligence following a motorcycle accident.
Your attorney will gather and present adequate evidence establishing negligence in a motorcycle accident for victims to receive fair compensation for property damage and injuries.
A lawyer can use numerous types of evidence to establish negligence, including police accident reports, witness testimony, medical records, accident scene photos, and videos. A piece of solid evidence that indicates the negligence of the other driver(s) improves your chances of winning the motorcycle accident case.
Types of Compensation Victims of a Motorcycle Accident Receive
There are various types of compensation for victims involved in motorcycle accidents. Some of the compensation include the following:
Pain and Suffering
Victims of motorcycle accidents may experience mental and physical pain and suffering. Although it’s hard to put a dollar amount on the pain and suffering, your compensation enables you to cater to the hardships you endure after an accident. Hire a seasoned attorney to secure the maximum amount of compensation for the pain and suffering to enable you to move on with your life following an accident.
Motorcyclists are vulnerable to severe injuries as they are less protected than those riding in a car. Victims who sustain injuries due to a motorcycle accident can accrue significant medical bills while recovering from their injuries. Medical bill compensation caters to future and past medical bills associated with an accident, including surgery, hospital stays, physical therapy, and prescription medications.
Loss of Income
Victims who can’t work due to injuries following a motorcycle accident can secure compensation for past and future lost income. The income considers the hourly rate and multiplies it with the overall number of hours you’ll miss from work. The compensation helps your family to make ends meet even if you can’t provide for them due to injuries.
A motorcycle accident claim is only tedious for individuals who want to navigate the legal process independently. Victims who sustain injuries following a motorcycle accident can secure compensation for their injuries. Hire a seasoned motorcycle accident lawyer to assist you in gathering evidence and filing a claim.