The number of people relying on motorbikes for their everyday commute is increasing every year and so is the number of motorbike accidents. On top of that, the inherent safety for motorbike riders is way less when compared to other motor vehicle drivers. Note that a motorbike does not feature safety measures such as enclosed structure, seat belt, airbags, etc. Apart from this, motorbikes are susceptible to a number of conditions such as slippery road, potholes, uneven pathways, etc. Other vehicles such as cars, trucks, bus, etc., will have more physical stability in such conditions.
Needless to mention, a motorcycle accident will be way devastating and traumatic than other road accidents that involve cars. Additionally, the way a motorbike is involved in a crash will affect the way the liability is determined. If you are wondering about the same, below are some of the important points that you must know about determining the liability in a motorcycle accident case.
Negligence of Motor Operators or Drivers
Usually, a motorcycle accident attorney may look for the evidence that points towards the negligence of the driver or other parties involved in the accident. This is the most straightforward way to prove the carelessness of a person operating the motorbike in court. However, if the collision occurred when the driver was trying to avoid a bigger collision or the life of a pedestrian, things will be different.
Conflicting Claims of Accident Liability
In some motorbike accident, the reckless behavior of multiple parties would have led to a catastrophic motorcycle accident. In such cases, it will be a bit challenging for your motorcycle accident lawyer to prove the liability of the opposite party in court. Note that the opposite parties can collectively present a defensive claim against your negligence claim. Furthermore, California is a comparative negligence state. That is, you will be held responsible for your share of fault and the monetary compensation that you are entitled to will be reduced depending on it. Hence, it is recommended not to take any step such as apologizing, talk to the insurance agents of the opposite party, etc., since it can be construed as your admission of fault. This can ruin your motorcycle accident claim.
The Four-Step Negligence Claim
If you are planning to file a negligence claim against the defendant in court, the motorcycle lawyer who is representing you will have to prove four main points given below.
- The defendant failed to exercise reasonable care to avoid collision and thereby, injuring others.
- The defendant failed to follow the law and was negligent.
- The plaintiff had to suffer from injuries and damages caused by the accident.
- The damages suffered by the victim are caused by the carelessness of the defendant.
Even though all these points are correlated and straightforward, it is likely to be challenging to prove in court. Hence, make sure to hire the services of a well- versed motorcycle accident attorney to represent your case.