How is Negligence Proved in a Motorcycle Accident?
To seek compensation for a motorcycle accident, you must be able to prove that the other party was negligent in some way. You or your attorney must also be able to show how exactly the other party was at fault. As motorcycle accidents can be very serious, you must get the right legal help and support as soon as you can after the accident. This can make it easier for attorneys to build a case and establish negligence.
What is Classed as Negligence in a Motorcycle Accident?
Negligence is defined as a failure to act with the correct level of care that someone should or normally would offer under the given circumstances. In terms of negligence during a motorcycle accident, this could be:
- failure to yield (move over on the road to give the motorcyclist enough space)
- speeding, even if only by 1 or 2 km/h
- running a red light
- following another vehicle too closely
- driving fast in poor weather conditions, such as snow or heavy rain
- driving while distracted, including eating, smoking, or using a cellphone
- driving under the influence of drugs or alcohol
- failure to look properly before making a left-hand turn
Negligence does not need to be with mal intent. That being said, the person at fault is still negligent and how they acted caused an accident that harmed another person.
What If I Wasn’t Wearing a Helmet?
Even if you were not wearing a helmet in an accident, you may still have a case. Although wearing a helmet is the law in many states, including Mississippi, this does not mean you are unable to claim at all. Being partially negligent does not mean you have no case, but it is best to seek professional legal advice on the matter.
Determining the Cause of a Motorcycle Accident
There are many causes of motorcycle accidents, such as speeding, other drivers not sharing the road, driving under the influence, and unsafe lane changes. It may be that the police have already determined the cause of the motorcycle accident, and any evidence gathered by the police can be used in your negligence case.
It is also important that you write down your witness statement as soon as possible after the accident. CCTV can also be used to determine the cause of a motorcycle accident and prove who was negligent.
Proof of Negligence
To prove negligence in a motorcycle accident, you must have something to show how the driver’s negligence had an impact on your life. This can be in the form of property damage, doctors’ bills, or the cost of prescription medications. In the case of a serious injury such as a traumatic brain injury, you can also prove negligence through lost wages and physical therapy.
Motorcycle accidents can cause physical and emotional damage that nobody should have to go through alone. Speaking to one of our motorcycle accident attorneys allows us to gather the evidence needed to prove negligence while you focus on your recovery.
Visit our Ridgeland office at 370 Towne CenterBlvrd MS 39157. Or call now for a free consultation on (601) 981 4717.