Motorcycle Accident
Motorcycle accidents can be extremely traumatic events because they can cause life-altering injuries. The injuries can range from broken bones to serious brain injuries resulting in lifelong disabilities. A serious motorcycle collision can cost you thousands of dollars in medical expenses and lost income in addition to significant pain and suffering. At Live Oak Injury Law Group, our attorneys are dedicated to getting you the settlement that you deserve for the suffering you endured. No one should have to suffer the aftermath of a motorcycle accident alone. At Live Oak Injury Law Group, we have the required expertise in personal injury law so you can feel confident that you are in the right hands. If you have suffered injuries as the result of a motorcycle accident, read below to learn more and don’t hesitate to reach out to schedule a consultation.
What Are Common Causes of Motorcycle Accidents?
In the aftermath of your motorcycle accident, one of the first things you should take if you’re hoping to take your case to court is identifying the cause of your accident. Most states in the U.S. are considered “at fault car insurance” states.
This means that the at-fault party in an accident is held financially responsible for the losses of the other involved parties. This means that if you suffered any emotional or physical damage as a result of the accident, the at-fault party will be responsible for paying any medical bills, repair costs, lost wages, and other punitive damages for your pain and suffering. So, what are some of the most common causes of motorcycle accidents and what does this mean for your settlement? Below, we’ve listed the most common reasons for a motorcycle accident:
- Another Driver: If a distracted or negligent driver is the cause of your motorcycle accident, there may be an insurance company that would pay for your damages.
- Road Conditions: Because motorcycles are much smaller than cars, they are much more vulnerable to defects in the roadway. A poorly maintained or designed road can include potholes, unmanaged construction zones, debris, and loose gravel. Often, because no other vehicle is involved in this scenario, the party that may be held financially responsible for an accident caused by unsafe road conditions might be the city in which the accident occurred or a property owner if it occurred on a private roadway.
- Vehicle Failure: If your accident is caused by a defect with your motorcycle, such as brake failure, electric defects, or any other faulty parts, the service provider and/or the manufacturer of your motorcycle may be responsible for your damages.
How Do I Prove My Motorcycle Accident Claim?
The key to proving most personal injury cases is negligence. Negligence is when a party (usually an individual or some kind of entity) has a legal duty to exercise reasonable care for the safety and wellbeing of others, but they fail to use reasonable care. As it relates to motorcycle accidents, drivers on the road have the responsibility to operate their vehicles safely in a way that does not harm those around them. Generally, there are several factors to consider in order to prove that negligence caused a motorcycle accident. These factors are:
- A person’s obligation to take care of another is called Duty of Care. This means that you must prove that the other involved party had a legal obligation to you to act (or not act) in a way that would not cause harm to you or your property.
- A breach of duty is the type of negligence that occurs when a person or entity fails to take reasonable measures to preserve a standard of care. This means that the other party had a Duty of Care, and they breached this duty by failing to act in a way that preserved your safety.
- Causation is critical to linking the breach of duty to your injury and the negligent conduct of the other party. In California, a plaintiff must show that the negligent party caused or was a substantial factor in causing the injury.
- Finally, the amount of damages that can be claimed by an injured person depends on the nature of the accident and its effects on the victim. You must be able to prove that your damages were a result or consequence of the other party failing to act.
If You Have Suffered Injuries as the Result of a Motorcycle Accident, Speak With an Attorney Today.
At Live Oak Injury Law Group, we know how scary it can be when you’re involved in a motorcycle accident. You may feel unsure of your next steps or like you have no one to turn to. At Live Oak Injury Law Group, you can feel confident that your personal injury claim is in the hands of experienced people you can trust. We are dedicated to getting you the settlement that you deserve. If you have experienced injuries as a result of a motorcycle accident, please feel free to contact us to schedule your consultation now.
