Motorcycles are deadly speed machines that lack the protective outer carapace like shell of other automobiles. There is no shield for motorcycle riders who wreck, so it is little wonder that in 2018 those riding motorcycles had twenty-eight times more of a chance of dying in a vehicular accident than those in a passenger automobile. Those who ride motorcycles may also sustain serious injuries, some crippling and permanent as a result of an accident. The lack of the metal frame possessed by automobiles like trucks and cars, the smaller size of a motorcycle compared to a car and the fact that motorcycles are not as visible to drivers as larger vehicles all contribute to increasing the likelihood of a motorcycle wreck being fatal or inflicting severe injuries on the motorcyclist. In the case that you are ever involved in a motorcycle accident that results in damage to your person, you should file a claim for damages and consult a lawyer like the one available at Krasney Law. However, simply filing a claim does not ensure you will win. To win a claim, you must prove that the accident was the fault of the other party and that your own liability was less than fifty-one percent. For this to happen, the other party must be found to have been negligent, meaning the following four criteria must be met.
1. You Suffered Damages
In order to make a claim for damages, you must prove that said damages actually exist. Damages include wages you lost from missing work due to the accident, hospital bills and more. Showing a bill for your medical treatment would be an example of proving damages.
2. You Acted Responsibly
To win a claim, you also have to prove that you were not at fault by showing that you were not the one driving recklessly. You have to demonstrate that you were driving responsibly, (driving the speed limit and not running red lights or making illegal turns) and obeying the traffic laws.
3. Other Party Caused the Accident
Even as you prove that you were not at fault for the accident, you also have to prove that the other party was. You have to show that the other party caused the accident by being negligent, and that it is therefore the other party’s fault you have suffered damages.
4. Other Party Acted Irresponsibly
Finally, tying in to proving that the blame for the accident falls on the other party, you must show that the other party did not perform his or her duty to be a responsible driver. You need to show some way in which the other party breached a traffic law. Such breaches include driving at speeds over the legally established limit, passing in a no-pass zone and turning without right of way.
In order to win a damages claim in the case of a motorcycle accident, these four things must be present and established as true. You should keep this in mind as you file your claim, as well as contacting a professional attorney who can help you determine if these requirements are met.
