Although it is an exhilarating experience, riding a motorcycle on the open road can be quite risky. Other drivers may fail to notice a motorcyclist, resulting in a collision. If you have been involved in a motorcycle accident, you may be able to bring a personal injury claim against the at-fault driver to recover compensation. A talented motorcycle accident lawyer can guide you throughout the entire legal process. In order to prove the liability of the other driver, you will need to establish all four elements of negligence. These elements include duty, breach, causation, and damages. As you and your legal team build your case, you will gather important evidence to prove the other party’s liability.
Motorcyclists who are injured by negligent drivers deserve compensation for the damages they have suffered. At Rubin, Glickman, Steinberg & Gifford, P.C., we understand how difficult life can be after a motorcycle accident. We want to help you hold the responsible party liable for any injuries and property damage you sustained in your motorcycle accident.
Elements of Negligence in a Motorcycle Accident Case
Your personal injury case against the driver who caused your motorcycle accident will depend on the legal concept of negligence. If you can prove that the at-fault driver was negligent, then you may be able to recover compensation. The four elements of a successful negligence claim are as follows:
- Duty: You must prove that the at-fault driver owed you a duty of care of sharing the road with a motorcyclist. The duty is often based on what a reasonable person in the same circumstances would do, and a reasonable driver would look out for others in order to avoid a collision.
- Breach: You must prove that the at-fault driver breached the duty of care by failing to look out for your motorcycle. You will need to gather evidence that the at-fault driver acted in a way that a reasonable driver in a similar situation would not act.
- Causation: You must prove that the at-fault driver’s breach of the duty of care caused the accident.
- Damages: You must prove that you suffered injuries, either physical and/or monetary, as a result of the accident.
A personal injury attorney can help you build a strong case that proves each of the four elements of negligence. Your legal team should conduct a thorough investigation of the facts, leaving no stone unturned. Not only should you gather evidence of the other party’s negligence, but you should also anticipate any possible defenses the at-fault party may try to raise.
Common Ways to Prove Liability in Motorcycle Accident Claims
As you and your knowledgeable legal team work together, you must gather evidence that will prove the liability of the other party. The way in which the at-fault driver breached the duty of care they owed you will be a key piece to building your case. Common causes of motorcycle accidents include unsafe lane changes, failure to look into blind spots for other motorists, speeding, running red lights, distracted driving, and failing to yield. If the driver who caused your accident engaged in any of these activities, they most likely breached their duty of care. A reasonable driver would share the road safely with all fellow drivers, including motorcyclists.
Proving liability in a negligence case requires attention to detail, thorough investigation, and relevant evidence. Your personal injury attorney will work hard to establish the elements of negligence to prove the other party’s liability. Specifically, you may be able to prove the breach and causation elements of negligence through eyewitness accounts, police reports, and video surveillance footage of the accident. You could also prove the amount of damages you are owed through medical bills and photos of the accident scene showing the damage to your personal property. With the help of a talented motorcycle accident lawyer, you can trust that your case is being handled with care while you focus on recovering from your injuries.
Reach Out to the Team at Rubin, Glickman, Steinberg & Gifford, P.C., to Discuss Your Motorcycle Accident Claim Today
Many motorcycle accidents are caused by negligent drivers not paying enough attention to their surroundings. The injuries and property damage sustained by motorcyclists can be severe, and an injured motorcyclist can bring a personal injury claim against the at-fault driver to recover compensation. Proving liability will require proof of the four elements of negligence, which our talented legal team knows how to do.
At Rubin, Glickman, Steinberg & Gifford, P.C., we would be happy to discuss your motorcycle accident case. You deserve compensation for your injuries. To schedule a consultation, you can fill out our contact form or call (215) 822-7575 today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 8, 2024
