Motorcycle riders love to ride on the open road, and they accept the fact that they are not as well protected from injuries and death as drivers in cars and trucks. It’s a trade-off many are happy to make.
However, despite every attempt to be as safe as possible, accidents involving motorcycle riders do happen all the time. When they do, because of the lack of protection, the injuries tend to be more significant than with other kinds of accidents on the road.
Proving Negligence Is the Key to Winning a Motorcycle Accident Case
Just as it is with all other types of roadway accidents, the key to winning a motorcycle accident case is proving that the other party was negligent or reckless in their actions. Proving negligence paves the way to be compensated for pain and suffering, lost wages, medical bills, and other similar forms of payments.
Because motorcycle riders are taught to ride defensively, most of the time, a judge or a jury will take into account that extra level of vigilance. This plus the added level of vulnerability that riders are exposed to means if there are any questions regarding fault, it gives a rider an edge in court.
But the primary task of a motorcycle accident attorney is to still prove negligence as a means of winning a case in court. Proving negligence consists of four parts:
- It must be shown that a defendant has a responsibility to exercise reasonable care while they are driving. Since this is the standard in all personal liability cases, this part is reasonably easy to prove.
- Did the defendant exercise reasonable care while driving? For example, driving while drunk or distracted does not meet the standard of reasonable care.
- The attorney must then link the lack of reasonable care directly to the motorcycle accident.
- Once the direct link is established, then the attorney must show that losses took place, and should be able to quantify those losses, leading to an amount that the motorcycle rider should be compensated for.
Shalvoy Law serves clients in Newton and other nearby Connecticut communities.
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I had been arrested for driving while under suspension for DUI, which carries a mandatory minimum 30 days in jail. In spite of the objections from the prosecutor, Attorney Shalvoy was able to convince the Judge to waive the jail term and only imposed a fine.
– A client