How Can Motorcycle Riders Prove Negligence in an Accident?
Motorcycle accidents can result in severe injuries and financial burdens for riders. When an accident occurs due to someone else’s negligence, the injured rider has the right to seek compensation.
However, proving negligence in a motorcycle accident case requires substantial evidence, legal knowledge, and an understanding of the state’s traffic laws. This article will guide motorcycle riders through the process of establishing negligence, collecting evidence, and pursuing a legal claim.
Continue reading to learn more about how West Chester, Pennsylvania personal injury law relates to motorcycle accidents. Our experienced lawyers from Goldberg, Goldberg & Maloney will explain how motorcycle riders in West Chester, Pennsylvania can prove negligence in an accident.
What Is Negligence?
Negligence is the failure to exercise reasonable care, leading to harm or injury to another person. In the context of motorcycle accidents, a negligent party may be another driver, a pedestrian, or even a government entity responsible for road maintenance.
To prove negligence, motorcycle riders must establish the following four elements:
Duty of care: The defendant (at-fault party) owed a legal duty of care to the motorcycle rider.
Breach of duty: The defendant violated this duty by acting carelessly or recklessly.
Causation: The defendant’s actions directly caused the accident and resulting injuries.
Damages: The rider suffered actual damages (e.g., medical expenses, lost wages, or pain and suffering) due to the accident.
If a motorcycle rider is able to establish these four elements, they have a strong foundation to prove negligence in a personal injury case in Pennsylvania.
It’s important to note that negligence is not always straightforward. Sometimes, multiple parties may share responsibility for an accident, including other motorists, motorcyclists, or even municipalities if poor road conditions played a role.
In such cases, legal professionals use accident reports, witness testimonies, and professional evaluations to determine the degree of fault for each party involved.
By thoroughly understanding what negligence is and organizing the evidence related to your personal injury negligence case, our attorneys are able to build cases that make our clients’ interests the top priority.
Steps to Prove Negligence in a Motorcycle Accident
To add to that, there are several steps that should be taken to prove negligence in a motorcycle accident. These eight steps are outlined here and include the following:
1. Collect Evidence at the Scene
Immediately after an accident, collecting relevant evidence is crucial. Here’s what motorcycle riders should do:
Take photos and videos: Document the accident scene, vehicle positions, skid marks, traffic signals, and any visible injuries.
Gather witness statements: Obtain contact information and statements from any eyewitnesses.
Call the police: A police report serves as an official record of the accident and may include an officer’s assessment of fault.
Seek medical attention: Even if injuries appear minor, medical records are essential to proving the extent of damages.
Collecting evidence is important to prove who is at fault in a negligence case. An experienced personal injury lawyer will help their clients gather and organize evidence that appropriately builds their case.
2. Establish Driver Negligence
Several types of negligent behavior can contribute to motorcycle accidents, including the following:
Distracted driving: Texting, talking on the phone, or using in-car entertainment systems are considered distracted driving and can be counted as negligent behavior.
Speeding: Speeding is categorized as exceeding speed limits or driving too fast for road conditions.
Failure to yield: Failure to yield is defined as ignoring right-of-way rules at intersections.
Driving under the influence (DUI): Operating a vehicle under the influence of alcohol or drugs is known as driving under the influence, or DUI.
Unsafe lane changes: Unsafe lane changes occur when the driver fails to check blind spots before merging.
If any of these factors played a role in the accident, proving negligence becomes more straightforward.
3. Use Traffic Laws and Violations as Evidence
Also, Pennsylvania’s traffic laws can help establish negligence. If the at-fault driver violated any traffic regulations, such as running a red light or failing to signal a turn, this can serve as evidence of their breach of duty.
A police report indicating a traffic citation against the other driver strengthens a motorcycle rider’s case.
4. Prove Causation
To successfully claim damages, a rider must link the defendant’s negligence to the accident and injuries. This can be achieved through:
Medical records: Medical records that show that injuries were caused by the accident are valuable to prove causation.
Witness testimonies: Accident reconstruction professionals can demonstrate how the crash occurred due to the other driver’s actions.
Surveillance footage: If available, security or traffic camera footage can provide clear evidence of fault.
5. Demonstrate Damages
In a motorcycle accident negligent case, a motorcycle rider must prove the extent of their losses and injuries. This includes the following:
Medical bills: Medical bills documenting hospital visits, treatments, and rehabilitation can demonstrate damages.
Lost wages: It may be valuable to provide pay stubs or employer statements to show income loss due to injuries.
Property damage: Property damage documents, such as receipts showing repair or replacement costs for the motorcycle can prove that losses occurred.
Pain and suffering: Testimonies from medical professionals or psychological evaluations add value to personal injury cases.
6. Follow Comparative Negligence Procedures
According to the Pennsylvania General Assembly, Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S.A. §7104. This means that a motorcycle rider can still recover damages if they’re partially at fault, as long as they’re less than 51% responsible for the accident. However, their compensation will be reduced by their percentage of fault.
For example, if a court finds the motorcyclist 20% at fault and their damages total $100,000, they’ll receive $80,000. This rule means that even if there’s a chance that the personal injury was your fault, you may still receive compensation for your injuries.
7. Work with an Attorney
Furthermore, proving negligence in a motorcycle accident can be complicated, especially when dealing with insurance companies and legal defenses. Hiring a personal injury attorney experienced in motorcycle accident cases can help you with the following:
Gather and preserve crucial evidence
Negotiate with insurance adjusters
File a lawsuit if necessary
Represent the rider in court
At Goldberg, Goldberg, and Maloney Attorneys at Law, we help our clients prove negligence in their motorcycle personal injury cases. If you’re looking for an experienced attorney in West Chester, Pennsylvania, contact our firm.
8. File an Insurance Claim or Lawsuit
In Pennsylvania, injured motorcycle riders can file a claim with the at-fault party’s insurance company. If settlement negotiations fail, filing a personal injury lawsuit may be necessary.
Under Pennsylvania’s statute of limitations, a motorcycle accident lawsuit must be filed within two years from the date of the accident.
Contact Our Attorneys Today
Proving negligence in a motorcycle accident requires demonstrating duty of care, breach of duty, causation, and damages. Working with an attorney from Goldberg, Goldberg & Maloney can increase the likelihood of obtaining fair compensation for injuries and losses.
Consult with our experienced attorneys for help protecting your rights and maximizing your recovery. We serve West Chester, Pennsylvania, so call today.