If you were injured in a motorcycle accident caused by another driver’s unsafe actions, it’s important to understand how negligence is determined in a personal injury claim. Establishing negligence involves investigating and being able to prove factors like whether a driver followed traffic laws, was distracted, speeding, or impaired.
It may also involve assessing whether they saw you and failed to yield properly. Our motorcycle accident lawyers in Davie understand how to determine if negligence laws were violated and whether other outside factors, like faulty vehicle parts or malfunctioning traffic signals, were to blame.
We can then build a strong case to hold the liable party fully accountable. If you’ve been hurt in a motorcycle crash that was no fault of your own, learn more about how to establish negligence to improve your chances of recovering the maximum compensation possible.
How Negligence Is Established in a Motorcycle Accident Claim
Proving negligence is essential for holding at-fault drivers and other responsible parties accountable following a motorcycle crash. Our legal team understands the steps involved in building a strong liability case.
Evaluating Driver Error
One key aspect is examining the other motorist’s actions for violations of traffic safety laws.
Some questions we consider include:
- Did they fail to yield the right of way or grant proper clearance when merging/turning?
- Were they speeding, driving aggressively, or engaging in reckless behaviors?
- Is there evidence of distracted driving through cell phone use or other factors?
- Did alcohol, drugs, drowsiness, medical issues, or age impair their ability to drive safely?
Scene Analysis
We conduct a thorough site inspection and review any law enforcement reports addressing road conditions, traffic controls, and vehicle placement. Evidence gathered can reveal:
- Poor visibility, signage, or roadway design issues that contributed
- Mechanical defects or environmental factors like debris or weather
Witness Interviews
Statements from people who observed the crash can be critical. We seek out:
- Those who saw how the collision occurred and driver behaviors leading up
- Any motorists or passengers in vehicles nearby with insight into events
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Additional Investigations
Our investigators may request data downloads from involved vehicles, mandate forensic inspections, or retain accident reconstruction experts.
Surveillance Cams, Traffic Cameras
Traffic camera footage can be invaluable for verifying details like light signals, speeds, and vehicle movements leading up to the collision. Our team submits public records requests to obtain any relevant video evidence.
Medical Records
It’s critical to gather medical records as soon as possible documenting the nature and extent of injuries. Proper documentation helps prove causation between the at-fault driver’s negligence and long-term health impacts.
Accident Reconstruction
Accident reconstruction can be pivotal, using complex calculations based on roadway evidence, vehicle damage patterns, and scientific principles of physics/engineering to determine precise crash sequences and allocate liability percentages.
Expert Witnesses
Expert witness testimony from fields like traffic science, biomechanics, and forensic medicine strengthens presentations of liability when cases proceed to trial against well-funded insurance defense teams.
Comparative negligence laws require analyzing whether any share of fault rests with the injured motorcyclist – for example, if they were speeding or committing a traffic infraction. Our motorcycle crash attorneys carefully review all actions and work to combat allegations of liability against you.
Thoroughly understanding insurance policy details for at-fault parties, like coverage limits and exemptions, allows our negotiation strategies to target full and fair settlement values that do not leave clients under-compensated.
Proving Negligence in a Personal Injury Case
Once evidence is assembled, we build an impairment or negligence case around the stringent legal criteria that must be satisfied under Florida statutes.
Proof of negligence in a personal injury claim for a motorcycle accident will include the ability to show the following:
Duty of Care
The driver owed a legal duty to operate their vehicle in a reasonably safe manner according to traffic laws and avoid posing unreasonable risks to other motorists.
Breach of Duty
We must show a breach of duty. For example, the driver failed to exercise appropriate care by committing violations like speeding, distracted driving, impairment, or other dangerous behaviors.
Causation
An analysis linking the breach of safe driving practices directly to the resulting collision and injuries suffered. For example, if the driver ran a red light, causing an impact.
Damages
Medical records and bills prove the plaintiff rider suffered quantifiable financial losses and physical/emotional harm as a direct result of the defendant’s negligence.
Determining All Damages
An experienced motorcycle accident lawyer will thoroughly evaluate all your losses. These damages may include:
Medical Bills and Lost Wages
We obtain past and projected costs for healthcare, treatment, rehabilitation, assistive devices, prescriptions, and more. Lost income from injury-caused absences is also quantified.
Pain and Suffering
These non-economic losses can be harder to value but dramatically impact the quality of life. We ensure suffering levels are clearly acknowledged.
Permanent Losses
Long-term disabilities, disfigurement, and loss of enjoyment deserve suitable compensation under the law.
We Fight to Maximize Your Financial Recovery
The full scope of harm must be communicated persuasively to insurance companies. We aim to aggressively negotiate a compensation package that meets all of your needs. If reasonable offers are refused, we will not hesitate to pursue the matter in court.
With decades of handling hundreds of cases, we have refined strategies to establish liability while achieving the largest possible awards.
We work on contingency, so there are no upfront legal costs unless we succeed in recovering compensation on your behalf. You’ll appreciate our dedicated, energetic representation throughout every step of recovery.
Contact a Motorcycle Accident Law Firm to Learn More About Establishing Negligence
Contact the experienced attorneys of the Schiller Kessler Group for a free consultation. We will take the time to carefully review all details pertaining to your accident and give you an honest assessment of the negligence aspects of your case.
We will guide you efficiently through the claims process, leveraging our experience and resources to seek the maximum settlement amount you deserve. You have already faced too much difficulty due to injuries outside of your control.
Let our team advocate strongly on your behalf so you can focus fully on recovery without added worries. By choosing us to represent you, you can feel confident entrusting your legal interests to a group committed to protecting riders’ rights. Contact us today.
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