Negligence is established in a motorcycle accident by proving that the party that caused the collision acted carelessly or recklessly and caused injuries. Therefore, if you were in a motorcycle accident, even if it occurred through no fault of your own, you would 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. An Atlanta motorcycle accident lawyer can help you establish negligence in your case and negotiate 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 they had an obligation to keep you from getting hurt. All road users have a duty of care to some extent. This duty requires following traffic laws and employing defensive driving practices.
Breach of Duty of Care
Next, your lawyer must prove how the other party breached their duty of care by acting (or failing to act) in a manner that could have harmed someone else. For example, did they drive under the influence of drugs, run a red light, or fail to use their turn signal? Any of these traffic violations would violate their duty of care.
Causation
Your legal team must prove the other party’s actions caused your accident. For example, if the other driver did not stop at a stop sign and hit you in the intersection, this information could prove causation in your motorcycle accident case.
Damages
In many motorcycle accident cases, victims require extended hospital stays or receive long-term medical treatment. They may also be unable to return to work for a lengthy period. If you suffered financial losses due to your accident, you could hold the other party responsible for compensating you.
There is a lot of legal legwork that goes into proving negligence in a motorcycle accident case. Therefore, 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
Motorcycle Accidents FAQs
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After proving that your accident and injuries resulted from negligence, you might 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 income, including wages, bonuses, and retirement contributions
- 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. Instead, they might try to undervalue your damages in a lowball settlement offer or attempt to shift blame for the accident to 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.
A Motorcycle Accident Lawyer Can Help You Establish Negligence
Our motorcycle accident attorneys can help you establish negligence, fault, and liability in your case. We have recovered millions of dollars for personal injury claimants, and we stand ready to help you move forward from this stressful time.
With our team on your side, you only have to worry about getting better. You need not 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
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Don’t Miss Out on Your Chance to Seek Compensation for Your Injuries
O.C.G.A. § 9-3-33 grants you a two-year period to file a motorcycle accident lawsuit. A representative from Bader Scott Injury Lawyers can go into more detail during your free consultation. Contact us today to get started.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
