How to Prove Negligence in a Motorcycle Crash
Although motorcyclists comprise a small percentage of road users, they account for 15% of traffic fatalities. Given the lack of protection of a motorcycle, those who survive are likely to have severe or catastrophic injuries. While you may be able to demonstrate your losses, financial recovery is heavily dependent on your establishing the other party’s negligence. Proving negligence can be complex, but it is possible when you work with the experienced motorcycle accident attorneys at Raybin & Weissman serving Rutherford County and the surrounding areas.
Elements in a Motorcycle Accident Negligence Claim
Negligence is a person’s failure to use reasonable care when performing a task. Reasonable care is defined as what actions a person of reasonable intelligence would have taken given the same or similar circumstances. Below, we break down a negligence claim as it would relate to a motorcycle crash:
- Duty of care: All motorists have a duty to follow traffic rules and regulations.
- Breach of duty: An act or omission can cause a breach of duty. In a motorcycle accident, typical examples include a motorist running a red light, speeding, or failing to yield to a motorcyclist.
- Causation: The defendant’s breach of duty must cause the crash and the motorcyclist’s injuries. The harm you experienced must have been the direct result of the defendant’s actions (actual cause). Additionally, the injuries you suffered must have been a foreseeable consequence of the crash (proximate cause).
- Damages: As a result of your injuries, you sustained measurable losses in the form of lost wages, medical expenses, and emotional distress, to name a few.
Evidence to Establish Negligence
Gathering information to prove another person’s negligence will ensure that you recoup the entirety of your losses. Evidence in a motorcycle accident case typically includes:
- Photographs: Any photos of vehicle wreckage, the final resting position of the vehicles, or any injuries you sustained can help to provide more information on what transpired.
- Videos: Surveillance footage, dashcams, and cell phone footage can show the accident occurring in real-time. This can provide the missing information needed to support your claim.
- Eyewitness testimony: A bystander who saw the accident unfold can provide a first-hand account of what they saw, heard, and the general mood at the accident scene. This testimony can provide an unbiased perspective, allowing the insurance company or the court to determine who is responsible for the crash.
- Police report: The officer who responds to the scene of the accident will take down important information that can be used when you submit your insurance claim. Although a police report is inadmissible at trial, it can still be used to negotiate a fair insurance settlement.
Benefits of Working with an Experienced Motorcycle Accident Lawyer
Even though motorcycle insurance is typically around one-fourth the cost of a comparable auto policy, your driving record, your age, and the type of bike will impact your premiums. Unfortunately, motorcyclists have a reputation for taking risks and riding recklessly. If you have a history of unsafe driving, then proving liability can be that much more challenging.
At Raybin & Weissman, we understand that motorcyclists often face an uphill battle when attempting to prove the other party’s negligence, even when the evidence is clearly in their favor. That’s why our team of motorcycle accident lawyers is committed to fighting for your rights, never settling for less than you deserve.
Rutherford County Motorcycle Accident Lawyers Advocating for You
A motorcycle accident can leave a person in financial ruin. At Raybin & Weissman, our legal team has helped thousands of motorcycle accident victims recover the compensation they are rightfully due. If a motorcycle crash has impacted you or a loved one, do not hesitate to contact our experienced lawyers. To schedule your free consultation with one of our Rutherford County motorcycle accident attorneys, contact us online or call (615) 256-6666 today.