Motorcycle accidents can cause life-altering injuries for the riders. In 2021, 6,084 motorcyclists died in accidents in the U.S. This shows the rise and seriousness of motorcycle accidents. When a motorcycle accident occurs due to the negligence of others, it is necessary to understand your rights and legal options.
The Factors That Influence Liability in a Motorcycle Accident
Motorcycle accidents can cause life-altering injuries for the riders. In 2021, 6,084 motorcyclists died in accidents in the U.S. This shows the rise and seriousness of motorcycle accidents. When a motorcycle accident occurs due to the negligence of others, it is necessary to understand your rights and legal options.
Accidents can cause severe damage and expenses for the injured motorcyclist. The person who caused the accident will be held liable to pay for the victim’s losses. Therefore, determining liability is the first and most important step in a motorcycle accident claim.
Depending on the circumstances of the motorcycle accident, different parties can be held liable for the losses that occurred. This is why it is important to hire motorcycle accident attorneys. They can help you determine your liability in a motorcycle accident.
This blog post discusses the common factors that impact liability in a motorcycle accident claim.
What Influences the Liability in a Motorcycle Accident?
- The driver has a duty of care
- The driver breached the duty of care
- The breach of duty of care is the direct cause of the motorcycle accident
- The accident caused damages
The Driver has a Duty of Care
All drivers owe a duty of care to every other driver. They must obey all traffic rules and regulations on the road to keep others safe. This includes following traffic signals, like stop signs, speed limits, and yielding the right of way when required. Also, avoid distractions such as mobile usage. The existence of a duty of care is the first factor in determining liability for a motorcycle accident.
Driver Breached the Duty of Care
A breach of duty of care occurs if the at-fault driver fails to act reasonably and responsibly on the road and thus puts other people at risk.
For instance, if the driver was texting, drunk, speeding, or ran a red light, then they have breached their duty of care. The following pieces of evidence are helpful in proving the breach of duty of care:
- Traffic camera footage
- Witness statements
- Police reports
- Mobile phone records
The Breach Caused the Motorcycle Accident
Another factor is to show that the breach of duty of care directly caused the motorcycle accident. This means that the motorcycle accident would not have happened if the at-fault driver had acted differently.
For instance, if the driver had stopped at the stop sign, then they would not have hit the motorcycle. The causation can be established by using evidence such as accident reconstructionist.
Motorcycle Accident Caused an Injury
The driver’s breach of duty of care caused injuries to the motorcycle rider. The injured motorcyclist will experience physical pain, emotional distress, or financial losses. After a motorcycle accident, it is important to get medical care immediately. This can help you document injuries and treatments.
For instance, the injury can include fractures, traumatic brain injuries, and bruises. The injury can be verified by using evidence, such as photographs of the injuries, medical bills, eyewitness testimony, and pay stubs.
Final Thoughts
All the above are important factors that influence liability in a motorcycle accident claim. These factors help to prove the liability of the defendant in a motorcycle crash. It is not easy to deal with a motorcycle accident claim. Because it involves a lengthy and complicated legal process.
That’s one of the main reasons why it is necessary to get legal assistance from a motorcycle accident lawyer who can evaluate your case and help you get the compensation you deserve. These lawyers are experts when it comes to proving liability.
They are also experts in calculating losses and negotiating with the insurance company. They play a huge role in obtaining fair compensation. So do not miss out on hiring a lawyer.
