When you get involved in a motorcycle accident and it’s not your fault, the first thing you should do is consult with a personal injury attorney specializing in auto accidents.
As a general rule, you must prove negligence to win a personal injury case. In the event of a motorcycle accident, here’s what you need to show:
1. The law sets standards or requirements of “reasonable care.” In this case, it’s pretty clear that all drivers must follow traffic rules and exercise care while on the road. For instance, if a driver knows he is drunk, the law forbids him from driving while under the influence of alcohol.
2. There was a failure on the part of the defendant to meet those standards of reasonable care. For example, let’s say there’s a stoplight, and the defendant ran the red light. That’s a clear-cut breach of the defendant’s duty to exercise care.
3. The defendant’s action caused the plaintiff’s injuries. Typically, the opposition will try to argue that injuries could have been due to some other factor besides the defendant’s breach of duty. You have to show evidence such as police and medical reports that the defendant’s negligence caused your injuries.
4. The plaintiff sustained damages (losses such as cost of treatment, lost wages, etc) as a result of the accident. This is how courts determine how much you can recover from the defendant. Every case is unique. It’s still best to consult with a lawyer who can explain your legal options based on the specifics.