Following a motorcycle crash, victims in Madison can seek compensation by suing a negligent party and successfully proving their fault.
In order to file a successful claim, victims seeking compensation for motorcycle accidents in Madison must prove four crucial elements: duty, breach, causation, and damages. The duty of care depends on the relationship between the two parties at the time of the accident. The breach of duty of care can be proven through evidence such as witness statements and surveillance footage. Causation, or the link between the defendant’s negligence and the victim’s damages, is most easily proven through medical records. And finally, victims can show they incurred real damages by providing proof of their financial and emotional losses in Madison.
To schedule a free discussion of your case with our Madison, AL motorcycle accident lawyers, call Howe Law today at (844) 876-4357.
Establishing a Duty of Care in Motorcycle Accident Cases in Madison, AL
When operating a motorcycle in Madison, you owe a duty of care to others on the road, and they owe the same duty of care to you. Establishing the existence of this duty of care is crucial in eventually proving negligence and recovering compensation following a motorcycle accident in Madison.
In many situations, a duty of care is present. When operating a vehicle, the duty of care owed to others involves heeding and upholding traffic regulations. This relationship between a negligent party and a victim is fundamental to any personal injury claim involving motorcycle collisions.
Our motorcycle accident lawyers can prove that the defendant owed you a duty of care by establishing the fact that they were driving their vehicle at the time of the incident. If a victim was not struck by another car while operating your motorcycle, that does not mean that a duty of care was absent or that the victim cannot seek compensation from the negligent party.
In addition to establishing that there was a duty of care present, our attorneys will seek to also prove that the duty of care was breached, the breach harmed the victim, and that the victim incurred real damages as a result. All four of these elements must be present in order for victims to be successful in their motorcycle accident lawsuits.
Examples of a Breach of Duty of Care in Madison, AL Motorcycle Accidents Claims
A breach of duty of care is the second element that must be established in order for victims to recover compensatory damages after a motorcycle crash. Regarding motorcycle accidents, there are several ways that negligent drivers commonly breach their owed duty of care.
The breach of duty of care is the negligent act. For example, suppose a driver failed to check their blind spot before merging into another lane, striking a motorcyclist. Or, suppose a driver was operating their vehicle under the influence or without headlights and struck a motorcyclist. Speeding, running stoplights, drowsy driving, and distracted driving are common ways drivers breach their duty of care to motorcyclists and harm bikers in Madison. If your accident was not caused by one of the aforementioned breaches, that does not mean that you cannot file a claim for compensation in Madison.
Proving a Breach of Duty of Care in Motorcycle Accident Cases in Madison, AL
The fact that a driver breached the duty of care they owed you and caused your motorcycle accident is not enough to recover damages in Madison. You must be able to prove that fact through evidence.
Victim testimony alone may not be sufficient to prove that there was a breach of duty of care in your case. While it can be helpful, victim testimony is most impactful when corroborated by eyewitness statements. Other witness statements, such as those from medical experts or police officers, can also be useful when proving that there was a breach of the defendant’s duty of care owed to the victim.
Photographs from the accident scene and surveillance camera footage, if it is available, can also help victims prove that a defendant acted negligently when causing a motorcycle accident in Madison.
Proving Causation in a Motorcycle Accident Lawsuit in Madison, AL
There is a third element that must be present in any successful motorcycle accident case in Madison: causation. In addition to being essential, causation can be somewhat challenging to prove.
Causation is the link between the negligent party’s actions and the victim’s damages. Essentially, our attorneys will be tasked with proving that your injuries were directly caused by the defendant’s breach of duty of care. This is best done through medical records, so you should seek immediate medical attention following a motorcycle crash. Victims should also receive continuous care from specialists as they heal from their injuries.
Proof of Damages in Madison, AL Motorcycle Accident Cases
The fourth element in any motorcycle accident lawsuit is damages. Victims must prove that they incurred real damages as a result of a defendant’s negligent actions.
If you cannot provide proof of damages, there is no reason for you to recover compensation. So, victims should keep any bills or invoices they receive throughout their medical treatment, as well as records of any out-of-pocket expenses they have incurred so that our attorneys can accurately calculate economic damages. Lost wages are also considered economic damages.
Non-economic damages are often available in motorcycle accident cases, as injuries from such incidents are often severe and capable of altering a victim’s quality of life. Providing proof of non-economic damages is possible through witness statements from therapists, close friends, and family. Victims can keep accounts of their emotional struggles following an accident and provide their own statements about the pain and suffering they have endured due to an at-fault party’s negligence in Madison.
Get Compensation for a Motorcycle Accident in Madison, AL
Call our motorcycle accident lawyers at (844) 876-4357 for a free case review from Howe Law.