If you or a loved one has been hurt in a motorcycle collision where another party’s negligence appears to be a factor, it is important to understand your legal rights and options.
Recovering from serious injuries in a way that meets your long-term medical and financial needs requires navigating complex personal injury laws, and insurance procedures may require legal representation.
Let’s take a look at how negligence is determined in a motorcycle accident case and how an experienced Buffalo motorcycle accident lawyer can help build your case with a comprehensive investigation of evidence, potential liable parties, and damages. Our goal is to provide you with the knowledge and advocacy needed during such a difficult time.
How Negligence is Established in a Motorcycle Injury Case
When someone is injured due to the careless actions of another, they may be entitled to compensation through a personal injury lawsuit. To prevail in such a case, the injured party must prove the other person was negligent, and the legal criteria for negligence must be met.
A personal injury attorney can aid in gathering the necessary evidence to prove negligence. We know how to investigate accidents, obtain documents, gather statements, and craft an effective argument showing the defendant failed to meet their duty of reasonable care.
Duty of Care
The defendant owed the plaintiff a duty to act with reasonable care. For example, drivers have a duty to operate their vehicles carefully and obey all traffic laws to avoid injuring others.
Breach of Duty
The defendant breached their duty of care by failing to act as a reasonably prudent person would in the same circumstances. This could involve things like speeding, distracted driving, or running a red light.
The defendant’s breach of their duty was the direct cause of the plaintiff’s injuries. Evidence is required to prove that the negligent actions led to the accident.
As a result of the defendant’s negligence, the plaintiff suffered harm or losses. Both economic damages like medical bills and non-economic damages such as pain and suffering must be proven.
This framework of duty, breach, causation, and damages must be established for a personal injury claim to succeed in showing the defendant was negligent and responsible for compensation. An attorney helps assemble the evidence to prove each element.
For a free legal consultation, call (716) 300-5885
How A Lawyer Can Help Prove Negligence in a Motorcycle Accident Claim
Personal injury attorneys are skilled at thoroughly investigating the circumstances of motorcycle accidents. This involves:
- Collecting information from police reports
- Recovering and reviewing surveillance footage
- Interviewing witnesses
- Hiring expert consultants like accident reconstructionists
- Investigating all potential causes and liable parties
All of this helps establish the sequence of events and whether the defendant breached their duty of care.
Attorneys also know how to obtain important documents through formal discovery procedures like subpoenas. This could yield things like medical records, cell phone records, licensing records, and more – providing key evidence about liability.
It Seems Obvious That Someone Else Was at Fault. Why Do I Need a Lawyer?
Even when your case seems cut and dry, a number of obstacles and challenges are common in personal injury claims.
Here are a few reasons why you may still need a lawyer even if fault seems obvious:
Insurance Company Pushback
Insurance companies will try to minimize their payout and could deny parts of your claim. A lawyer can fight to ensure you receive full and fair compensation under the law.
Deadlines and Incorrect Paperwork
There may be legal deadlines and filing requirements you need to meet. Missing these could result in your case being dismissed or denied on technical grounds. A lawyer ensures these are properly addressed.
Opposing Lawyers and Insurance Companies
The other party will likely have their own insurance-provided representation looking out for their interests, not yours. You need your own legal advocate in your corner.
The Legal Process
A thorough investigation and formal legal process is usually required to prove liability and damages conclusively. A lawyer has subpoena power and litigation experience for this.
Need For Court Representation
Court proceedings may be necessary if the insurance company refuses what you believe is a justified settlement. A lawyer can navigate these processes.
Future medical costs or lost wages may be ongoing. A motorcycle accident attorney can ensure these are accounted for and awarded properly so you won’t be left with unpaid damages and financial hardships from the crash.
We Understand What’s at Stake After a Motorcycle Accident
At Richmond Vona, our motorcycle accident attorneys have years of experience helping injured riders navigate the challenging legal process after a preventable crash. While negligence may seem clear-cut from your perspective, insurance companies will search for any reason to limit their payouts.
That’s why having an advocate on your side who is well-versed in the law and unafraid to hold negligent parties accountable makes all the difference. Contact us for a free consultation to discuss your case.
We will thoroughly investigate the incident, build an ironclad liability argument, and drive home the full extent of your damages. You have enough to worry about – let our team take the stress of the legal battle off your shoulders so you can focus fully on healing. We’re here to help get you back on track.