Riding a motorcycle is a freeing, enjoyable, and sometimes dangerous experience. The risk of a life-altering collision with a vehicle is always a risk, reminding you to practice defensive driving at all times. Unfortunately, there are no guarantees that safe driving will prevent an accident. Getting hit when you are on your motorcycle is a catastrophic event. It is made even worse when the collision is a result of someone else’s careless behavior. Proving negligence in Waterford motorcycle accident cases can be complicated, often preventing riders from getting the compensation they deserve. If you were injured in a motorcycle accident, a skilled motorcycle crash attorney could help you gather the evidence you need to prove negligence and get the compensation you deserve.
How Do Lawyers Prove Negligence in Motorcycle Accident Cases?
Negligence occurs when a driver fails to exercise reasonable care under the circumstances. Examples of driver negligence include speeding, distracted driving, failure to obey road signs, and driving under the influence. Proving negligence in a motorcycle accident is a crucial part of protecting a rider’s right to compensation. Waterford motorcycle crash lawyers must present evidence to show that the following four legal elements of negligence were present to prove a driver’s liability.
- Duty of care: Drivers have a duty to operate their vehicles lawfully and safely
- Breach of duty: The actions a driver took that breached their duty (ex., speeding, distracted driving, etc.)
- Causation: Proof that the driver’s breach of duty caused or contributed to the accident
- Damages: Proof that the rider sustained injuries as a result of the accident caused by the defendant’s negligent actions
An experienced attorney will gather various types of evidence to submit with the injury claim and present during negotiations with insurers or a court trial.
Understanding State Comparative Fault Laws
Proving fault in a Waterford motorcycle accident does not always mean only one person is at fault. Connecticut follows a modified comparative negligence rule that allows injured parties to receive compensation as long as they are not more than 50% responsible for causing the accident. For example, if a motorcyclist is found to be 20% at fault, their settlement is reduced by 20%.
While the rules of contributory negligence and comparative fault allow riders to be awarded for damages even if they are found partly at fault for the accident, they often tempt insurance providers to shift blame. The unique factors of motorcycle accidents can mean that issues of contributory negligence arise more frequently. For example, while lane splitting is not illegal in Connecticut, it may be used to call a rider’s degree of fault into question. Failure to comply with the helmet law can also be considered contributory negligence because the absence of a helmet can lead to more severe injuries. A skilled attorney can present evidence that clearly establishes fault and protects from false contributory negligence claims.
Contact an Experienced Motorcycle Crash Attorney to Learn More about Negligence in Motorcycle Accidents
Motorcycle accidents are often traumatic, causing life-altering injuries that require ongoing medical treatment. When these injuries are caused by someone else’s negligence, you are entitled to compensation for your damages and medical costs. While financial compensation cannot reverse the damage caused by an accident, it is often a critical factor in supporting the best recovery possible. A skilled attorney with experience proving negligence in Waterford motorcycle accident cases could help you present evidence to prove fault and help you get the compensation you deserve. Contact the dedicated attorneys at Polito & Harrington LLC today to schedule your free consultation to discuss your motorcycle accident case.
