Negligence is established in a motorcycle accident by proving that the party that caused the collision acted carelessly or recklessly and caused injuries. If you were in a motorcycle accident, even if it occurred through no fault of your own, you will still need to gather evidence showing how your accident happened.
You can submit your claim to the insurance company to recover compensation. However, the claims adjuster may make it difficult to get the settlement you need. A lawyer can help you by establishing negligence in your motorcycle accident and negotiating a fair award on your behalf.
Proving the Elements of Negligence in a Motorcycle Accident Claim
Right after an accident, multiple parties will conduct their own investigations into the cause of the collision to determine how it happened and who is responsible. Police officers will look for signs of unlawful behavior, while insurance companies and lawyers will determine if negligence played a role.
To prove negligence in your personal injury case, your lawyer will need to gather evidence and demonstrate the following, per the American Bar Association:
Duty of Care
The other party in your motorcycle accident case likely had a duty of care toward you, meaning that they had an obligation to keep you from getting hurt. All road users have a duty of care to some extent. This requires following traffic laws and employing defensive driving practices.
Breach of Duty of Care
Next, your lawyer will have to prove that the other party breached their duty of care. If, for instance, they drove under the influence of drugs, ran a red light, or did not use their turn signal, this would violate their duty of care. Essentially, your lawyer will need to prove that the other party employed practices or behaviors that could have harmed others.
Your legal team must prove that the other party’s actions caused your accident. For example, if the other driver failed to stop at a stop sign and hit you, this information could prove causation in your motorcycle accident case.
In many motorcycle accident cases, victims must be hospitalized or receive long-term medical treatment. They may also be unable to return to work for a certain period of time. If you suffered financial losses due to your accident, the other party could be held responsible for compensating you.
There is a lot of legal legwork that goes into proving negligence in a motorcycle accident case. You may want to have an Atlanta car accident lawyer handle it for you while you recover.
For a free legal consultation, call (404) 888-8888
Pursue Compensation if Someone Else’s Negligence Hurt You
After proving that your accident and injuries were the result of negligence, you may have the opportunity to seek financial recovery for the losses you incurred. A lawyer can help you determine the value of your damages and pursue a settlement on your behalf.
You may receive compensation for:
- Medical bills, including the cost of ongoing healthcare, assistive devices, and medications
- Lost wages
- Future loss of earning capacity
- Property damage expenses
- Pain and suffering
You may not be able to trust the insurer to offer you fair compensation. They may try to offer you a low settlement by undervaluing your damages or attempting to shift blame for the accident onto you. However, you have a right to reject any offers that you do not deem fair. You can also seek legal counsel to help you prove negligence.
Bader Scott Injury Lawyers Can Help You Establish Negligence
Bader Scott Injury Lawyers can help you establish negligence, fault, and liability in your motorcycle accident case. We have recovered millions of dollars for personal injury claimants, and we are ready to help you move forward from this stressful time.
With our team on your side, the only thing you have to worry about is getting better. You do not need to concern yourself with the legal process or anything related to it.
We can establish negligence by:
- Interviewing witnesses and third-party field experts
- Gathering evidence, such as the police report and traffic camera footage
- Visiting the accident scene
- Reviewing the extent of your injuries
- Determining the other party’s role in your accident
- Examining the at-fault party’s driving record, if applicable
O.C.G.A. § 9-3-33 grants you a two-year period in which to file a motorcycle accident lawsuit. A representative from Bader Scott Injury Lawyers can go into more detail about this when you call (404) 888-8888.