When a motorcycle accident happens, one or two parties might be blamed depending on the actions from the part of both. The liability in case of motorcycle accidents is decided as per the law of negligence, according to which a person will be regarded liable for causing the injury to the victim if they behaved in a thoughtless manner that eventually led to the accident.
Ways Of Determining The Liability Of Motorcycle Accidents
The first step in determining the liability is establishing who the defendant is. The defendant is allegedly the person whose careless actions led to the injury of the victim. Although the task of deciding the liability is easy in a majority of cases, some cases might be complicated because more than one party might be liable for the accident. Sometimes poorly maintained roads are to blame for the accident, and in that case, the defendant will be city or the municipality.
A negligence claim has for key elements. The plaintiff has to show that:
- The law required the defendant to be reasonably careful. In every state, this is a mandatory requirement.
- The defendant was not careful. To determine whether the defendant was careless, the law compares the conduct of the driver to that of a reasonable person.
- The defendant’s conduct caused the injuries of the plaintiff.
- The complainant was injured or had to suffer losses. If the motorcyclist does not get hurt or fails to prove any damages, they cannot claim anything even if the defendant was clearly careless.
Calculating Compensation Based On Liability
Once the negligence is determined, the defendant is liable for the expenses and losses incurred by the victim. Thus, the defendant will have to pay for the lost wages as well present and future medical bills of the complainant.
However, there is an exception when it comes to injuries that were not caused by the accident. The defendant will not be asked to pay for the injuries that were not the result of the accident. In cases when the defendant is also found liable for the accident, the compensation amount is reduced according to the fault percentage of the victim.
In instances when you suffer injuries due to accidents, you may get the help of the best injury lawyer in town to help you get the deserving compensation as soon as possible.