Elements of a Motorcycle Accident and Injury Claim
The Centers for Disease Control and Prevention reports that 4,502 motorcyclists died in 2010 alone. Motorcycles offer their riders almost no protection from reckless drivers. As a result, these tragic accidents often involve serious injuries and fatalities.
Many of these crashes happen as a result of another driver’s negligence. This may be the case if a driver causes an accident while using a cellphone, speeding, eating or not paying attention to the road and road signs.
Victims usually face steep medical bills for surgery and rehabilitation. In most cases, they cannot return to work for months or years. Some even require home renovations to cope with new limitations.
Proving duty is straightforward in the majority of cases. This is because everybody has a duty to drive carefully on the road.
When you operate a vehicle, you consent to this duty. You have a responsibility not to act in a way that threatens the safety of others.
Breach of Duty
Establishing a breach of duty is more difficult. You will have to show that the other party did not act in the same manner that someone else would have in a similar situation.
In accidents that involve motorcycles, there are several ways people can breach their duty. For example, if a driver failed to give the right-of-way when due or was breaking a traffic law when the accident happened, it may be a breach of duty.
Proving liability, is an important element in all personal injury cases. Just showing that an accident occurred is not enough. The plaintiff will have to provide evidence that the other party’s (Defendant’s) actions, or lack of them, were directly responsible for causing the accident.
Well-kept medical records and work documents, such as paystubs, will give you objective evidence to help prove damages. They will also help in the calculation of compensation.
You may also claim for pain and suffering, mental trauma, loss of wages, future medical expenses and disability, but you would have to prove each of them, which most likely will require expert testimony.
While no amount of money could compensate you for the physical trauma of a motorcycle crash, it can help you maintain financial independence and peace of mind.
Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your accident and any questions you may have. You can also email us or event speak with us right now on LiveChat. Even if you do not wish to retain an attorney, we can set you on the right path for free. Most of our motorcycle accident lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Records. Please call our Chicago office at (312)-372-8822, or our Joliet office at (815)-723-8822, or you can call our toll free number at (800)-985-1819.