The aftermath of a serious motorcycle accident can leave some riders with long-term trauma and injuries. While some accidents can be unavoidable, others occur due to the negligence of another driver. If you have sustained injuries in a motorcycle crash, you should call a seasoned personal injury attorney as soon as possible.
When another person’s reckless misconduct causes you to suffer bodily harm, you are entitled to seek monetary damages. However, pursuing a civil claim on your own can be challenging. Fortunately, a Monument motorcycle accident lawyer could assist you with the litigation process.
A claimant in a motorcycle accident case may only receive monetary recovery if they can prove that the defendant was legally negligent. To establish that a reckless motorist’s behavior was the cause of an accident, a Monument motorcycle wreck attorney must prove the following.
Establishing negligence starts with a plaintiff proving the defendant owed them a duty of care. All motorists have a legal obligation to drive responsibly. Therefore, any careless, reckless, or wanton act could result in the breach of a duty of care. Some common examples of a breach in a motorcycle collision may include speeding or driving under the influence of alcohol or drugs.
State law only considers a defendant liable for damages that stem from their direct actions. As such, a plaintiff must be able to prove that their accident was the direct result of the defendant violating their duty of care.
Additionally, a claimant must demonstrate that the negligent party’s reckless misconduct resulted in real losses. These damages may include:
In some cases, a motorcycle rider could share in the responsibility for their accident. While this may not bar a claimant from recovering any compensation, it could impact the amount they receive. Under state law, a plaintiff may recover compensation if they are 49 percent or less at fault for their accident. If an injured party does not break this threshold, the court may reduce their compensatory award by their percentage of fault. For example, if a claimant is 30 percent at fault for their injuries, they may receive 70 percent of their damages. A motorcycle accident lawyer in Monument could help an injured claimant maximize their financial recovery by establishing that the defendant was primarily at fault. An experienced attorney also could review a biker’s case and determine if their actions may result in a reduced award.
If you suffered severe injuries or property damage in a motorcycle crash, you must protect your legal rights by retaining a seasoned legal professional. An experienced Monument motorcycle accident lawyer could fight for your right to compensation and navigate through any legal complications while you focus on your recovery. To learn more about your legal options, schedule an initial consultation on your case right away.