A motorcycle crash often leaves a motorcyclist with severe and life-altering injuries. These physical damages result in both excruciating pain and expensive medical treatments for the rider. When a negligent motorist causes a wreck, the motorbike rider should not have to cover the cost of their losses.
Unfortunately, dealing with insurance companies to collect the compensation you need to cover medical and living expenses while resting and recuperating at home is challenging. A diligent injury attorney, like David Bence, could handle insurance company communication and the entire legal process if taking the claim to civil court is necessary. Contact a qualified Ladonia motorcycle accident lawyer to get started on your claim.
Common Motorbike Collision Injuries
The impact of a crash can result in catastrophic injuries for a motorcyclist. Some of the most common injuries bikers suffer in these kinds of accidents include:
- Severe road rash
- Broken and fractured bones, especially of the lower extremities
- Traumatic brain injuries
- Spinal cord injuries
- Traumatic amputations
When a negligent driver causes such serious and life-changing damages, a dedicated Ladonia motorcycle crash attorney could help an injured person recover the settlement amount they need and deserve.
Proving Negligence After a Motorcycle Crash
For a plaintiff to collect compensation for damages, a legal claim must show that the defendant was negligent, and their carelessness caused the crash. Four elements must be present to prove liability:
Duty of Care
Motorists owe a duty of care to other drivers on the road, including those on motorcycles. They must operate the vehicle as any other reasonable driver would.
Breach of Duty of Care
When the motorist does not drive safely and causes a collision, they breach their duty of care. The plaintiff’s case will need to establish they did not operate the car as cautiously and safely as any other reasonable driver would in the same situation.
Causation means proving the careless act was the direct cause of the accident and injuries the motorcycle rider sustained. If the driver neglected to check their blind spots before switching lanes and caused a wreck, this would prove causation.
For a successful claim for damages, the plaintiff must prove they suffered verifiable losses in the accident. The claimant can collect medical records, hospital bills, photos from the crash, and any other documentation that proves losses to prove this element of negligence.
The Preponderance of the Evidence
After hearing a civil case, the jury will consider if the preponderance of the evidence proves the defendant’s negligence caused the accident. According to the Alabama Pattern Jury Instructions Civil 3.7.1, most of the evidence must be enough to persuade jurors that the lawsuit is accurate and factual. If the claimant can provide the four elements of negligence, the case would meet the requirement to recover damages. A knowledgeable motorcyclist injury lawyer in Ladonia could answer questions on civil statutes and pattern jury instructions.
Recovering Damages Following a Motorcyclist Injury
After negligence is established, the court will award compensation to cover expenses, including:
- Current and future medical costs
- Property damages
- Payment for missing time from work and future earning potential
- Any modifications to accommodate a disability
- Physical and mental pain and suffering
- Loss of quality of life
- Loss of consortium
Awards will fall into two categories: economic damages and non-economic damages. The first will cover verifiable monetary losses, while the latter will cover all of the subjective, non-monetary losses.
Meet With a Seasoned Ladonia Motorcycle Accident Attorney
If you were in a crash with a careless motorist, civil laws could entitle you to financially recover for the full extent of your damages.
A hard-working legal professional could guide you throughout the entire process and help you recover the maximum settlement amount. Call a Ladonia motorcycle accident lawyer at Bence Law Firm, LLC today to schedule a consultation.