Liability in a motorcycle accident will be dependent on whether one of the drivers is found to have acted in a negligent, or careless manner, which results in someone else’s injury. Drivers, whether of an auto or a motorcycle, are expected to use care and be alert to their fellow drivers, be alert to changes in traffic, and avoid injury to other people. In many cases, drivers of automobiles are found liable due to negligence. In these cases of negligence, the drivers acted in manner they should not have or failed to do something that could have avoided an accident. Motorcyclists can also be found liable, for example if the rider was intoxicated and this resulted in an accident and additional injuries.
The Four Elements of a Negligence Claim
To prove liability due to negligence, the plaintiff is required to show the following four elements. By proving these elements, the plaintiff could successfully hold the defendant responsible for the injuries caused in a motorcycle accident.
- In vehicular accidents this is a given, but the plaintiff will be required to prove that the defendant was legally required to act with reasonable care. Motorists, of course, are required to act this way when driving.
- The plaintiff must prove that the defendant was not being careful. Conduct will be compared to that of a reasonable person.
- It must be proven that the defendant’s conduct caused the plaintiff’s injuries.
- The plaintiff must have been injured due to the accident. If no injury occurred, regardless of the defendant’s conduct, the plaintiff will not be able to recover anything.
Sometimes, the driver can act in a negligent manner, but the rider also acts in a way that contributes to the accident. If this is the case, it is highly recommended to contact an experienced accident attorney before filing your claim. The accident attorneys at Karlin & Karlin can look over and offer appropriate guidance for your accident case.