What is the Basis to Claim Damages in a Motorcycle Accident?

A motorcycle accident can cause severe injuries to a rider. If you have sustained injuries because of an accident involving another vehicle you could be compensated for your injury. In order to claim compensation, the driver of the other vehicle must be shown to be responsible for the collision.

A trained personal injury lawyer can guide you in such an event. The lawyer can assess the accident to determine whether or not you are entitled to compensation. The lawyer requires verifying four basic facts and legal elements have to be investigated. They are: Duty, Breach, Causation and Damages.

  • The driver of any vehicle has the duty and basic obligation to operate his or her vehicle in a manner that is safe and reasonable.
  • States have their own laws that dictate the behavior of automobile drivers and drivers of other vehicles. Each state has specific duties that establish what the rules of yielding in traffic situations are. Not abiding by the statutory rules can be a breach of duty.
  • Facts must support any perceived breach of duty by the driver. The case is then referred to as a case of negligence. Breach by the automobile driver or negligence can be proved to cause the motorcycle accident.
  • The final element of an evaluation is to decide whether the automobile driver’s action was the most significant factor that caused the motorcycle accident. If that is the case, then the negligence of the other driver was responsible for the personal injury of the motorcycle driver. After medical professionals and tests have determined the extent of injuries to the victim of motorcycle accident, the motorcyclist’s personal injury lawyer can aggressively pursue damages for the client that is fair and reasonable.

There is no exacting formula that awards compensation in such cases. Victims should always consult with an experienced legal professional having prior understanding and exposure to related cases. Experienced legal counsel would result in a more favorable outcome for the accident victim. Your personal injury lawyer would also ensure that you are compensated adequately for damages to your motorbike. If you have a customized vehicle and special accessories, clothing and helmet, a legal professional would seek that damages to these personal belongings should also be compensated.

To ensure you get adequate compensation, you must be insured and the driver of the other vehicle should also be adequately insured. If the at fault driver is not covered adequately you may have to claim from your own under-insured motorist coverage to get compensated for your motorcycle accident. Tulare residents can avail the services of local personal injury lawyers who focus on such cases.

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