It’s common knowledge that riding a motorcycle can be a dangerous activity, mostly because of other drivers on the road. Many motorcyclists have been in accidents that have brought severe injuries, which has led them to wonder how negligence is established in a motorcycle accident.
Fortunately, many motorcyclists that have been injured have the opportunity to bring their case to court to receive compensation once they have established negligence against the other party. Learn more about how negligence is established in a motorcycle accident below!.
What Is Negligence Exactly?
The term negligence refers to the failure of a person or party to act in a manner that prevents injuries. In everyday life, individuals have a duty of care, which means acting responsibly to keep others safe. When it comes to motorcycle and car accidents, it means driving the speed limit, driving without distractions, checking blind spots before changing lanes, and more.
Negligence means that a person did not uphold their duty of care by acting irresponsibly in some form to cause the accident. Perhaps they looked at their cellphone while driving, or didn’t provide enough room between vehicles when a sudden stop occurred. Someone acting in a negligent way isn’t enough to establish negligence in a motorcycle accident case, however.
How Is Negligence Established in a Motorcycle Accident Case?
To establish negligence in a motorcycle accident case, you and your lawyer will have to demonstrate the following:
- That a duty of care existed
- That there was a breach of the duty of care
- That the breach of duty of care caused the motorcycle accident to occur
- That the hardships the victim has endured came about because of the motorcycle accident
Your lawyer will have to gather and present enough evidence to establish negligence in the motorcycle accident in order for you to receive compensation for your injuries, property damage, and more. There are several types of evidence that your attorney can use to establish negligence, including:
- Videos of the accident.
- Photos at the scene of the accident.
- Witness testimony.
- Medical records.
- Police accident reports.
The more strong evidence you and your lawyer can gather to show that the other driver(s) acted negligently, the better chance you have to win your motorcycle accident case.
Can More than One Party Be Found Negligent?
Yes, more than one party can be found negligent in your motorcycle accident. This can happen if more than one driver operated their vehicle irresponsibly to cause the accident, or if the accident was caused by a defect from the car or motorcycle. Some businesses have been found negligent when the accident is caused by a driver who was on the clock in a company vehicle at the time of the accident, and some municipalities have been assigned blame for poor road conditions that may have contributed to the accident.
If you and your lawyer are able to establish negligence among more than one party, you may be entitled to receive more compensation. Establishing negligence is often an uphill battle to try to hold even one party accountable, let alone multiple. Gathering adequate evidence, such as photos at the scene, medical records, witness testimony, and a police report can all play a major role in establishing negligence to hold one or more parties accountable for your accident.
Types of Compensation You Can Receive from Motorcycle Accidents
There are several types of compensation a motorcycle accident victim can receive after a motorcycle accident.
Because motorcyclists don’t have as much protection as those riding in a car, motorcyclists are vulnerable to severe injuries even in a relatively mild crash. If you have been in a motorcycle accident and sustained injuries, chances are high that you have accrued medical bills as you recover from your accident. Medical bill compensation covers the cost of past and future medical bills related to the accident, including hospital stays, surgery, prescription medications, physical therapy, and more.
Loss of Income
If you aren’t able to work because of your injuries from the accident, you can get compensated for lost income in the past and future. Typically, loss of income is calculated by taking your normal hourly rate and multiplying it by the total number of hours you have or will miss from work. This compensation can help your family make ends meet even when you can’t physically provide due to injuries.
Permanent disabilities are a possibility after a motorcycle accident, and they can completely change life as you knew it before. You can get compensated for permanent disabilities that are caused by a motorcycle accident resulting from another person’s negligent actions to help you and your family obtain the appropriate accommodations in your home and on your property.
Pain and Suffering
There is no doubt that being the victim of a motorcycle accident can lead to physical and mental pain and suffering. Although pain and suffering are difficult to put a dollar amount on, this compensation seeks to pay you for the hardships you have endured. Your lawyer can fight to get you the maximum amount of pain and suffering compensation possible to help you better move on with your life in the aftermath of an accident.
Need Representation After a Motorcycle Accident? Contact Pacific West Injury Law Today
If you or a loved one have been injured in a motorcycle accident in or near Las Vegas, it is in your best interest to get in touch with a qualified motorcycle accident attorney as soon as possible. Your attorney can help you file a claim, fill out the necessary paperwork, gather evidence, and more. At Pacific West Injury Law, we know that being involved in a motorcycle accident can result in a difficult time for victims and their families, which is why we want to be there for you every step of the way.
For a free case evaluation, please contact us today.