Determining fault in most vehicle accidents is quite straightforward. For instance, in a rear-end car accident, the rear driver is presumed to be at fault. The driver who drives down the wrong direction is held liable. However, what about fault in a motorcycle accident?
Motorcycle accidents are complex cases, especially as fault may not be easily determined. A Glen Falls motorcycle accident lawyer is aware of the stigma against people who ride motorcycles. Usually, people blame riders for a crash that involves them. Because of this, you need an attorney who knows how to prove negligence in your case.
How Your Attorney Will Prove Negligence
To collect damages in your motorcycle accident case, your lawyer must prove the negligence of another party caused the crash and your injuries. They will need to show the following:
- The at-fault motorist owed you a duty of care. Every driver has the duty to obey traffic laws and keep other drivers safe. Failing to do this results in a breach of this duty.
- The other driver breached the duty. Your lawyer will need to submit evidence that demonstrates that the other driver was wrong. Some pieces of evidence they can show include a dashcam video, a police report, and witness statements. Also, your attorney can use your own account of the accident.
- You sustained injuries. You can only recover compensation when you got hurt during the accident. Your attorney can pursue compensation for physical injury, financial loss, or psychological injury.
- Your injury directly resulted from the accident. Your attorney must prove that your injuries happened because of the motorcycle accident. For this, they will have to submit your medical reports.
Damages You Can Recover
Because every case is unique, you cannot predict the kinds of damages you can recover. But the following damages are often collected in most motorcycle accident cases:
- Medical bills. These include your hospitalization costs, copays, and prescription costs. You can be entitled to both current and future medical costs.
- Lost wages. You can pursue compensation for the wages you could not collect because of your inability to work as a result of your injuries. This type of damage applies when you have been unable to work for more than one week. Also, you could be entitled to lost future income damages.
- Property damage. You could demand payment for the repair or replacement of your motorcycle that may be damaged due to the crash.
- Pain and suffering. You can seek compensation for physical and mental anguish because of the crash.
