If you or a loved one have been injured due to a motorcycle accident—whether minor or severe—you should know that you’re entitled to compensation for personal injuries, lost wages at work, pain and suffering, among other damages. It’s great news to know that you have a right to these rewards, but you have to prove liability of the opposing party first, which is where a Rochester motorcycle accident lawyer comes in.
Let’s explore the 4 elements that your motorcycle accident attorneys will be working to prove during your motorcycle accident lawsuit.
4 Major Elements That You Have To Prove In Your Case
Even if negligence seems obvious, recovering compensation that you have a right to is more complicated than it looks. Plaintiffs must prove certain factors including that the opposing party was, in fact,negligent and furthermore connect the injuries directly to the accident. Here are the 4 elements that yourattorney will be focusing on throughout the case.
Every motorist in New York has an obligation to prioritize the safety of others on the road, that goes for those in automobiles and those that ride motorcycles. Simply driving legally binds people to “accepting that duty” so it’s fair to assume that you should be driving to keep yourself, as well as those around you, safe. A simple police report stating that the opposing party was in control of the other vehicle or motorcycle in the case is enough to prove this element.
2. Breach of Duty
After establishing that the other driver had a duty toward you, the next step is proving that this duty was breached. Basically, your attorney will be working to prove that any other reasonable driver would not have taken the actions that the opposing party did in the same situation. If the defendant didn’t check blind spots or something of that nature, that would be considered a breach of duty.
This is the most important element to prove in any personal injury case!Just showing evidence that the accident took place isn’t enough—neither is proving the existence of injury or death. The key is to prove that if these instances did not take place, you or your loved one would not be injured or even still alive. Basically, this element connects the dots from the injury or death to the accident itself.
Typically the first 3 elements are apart of “one half” of the case, the other being that you need to prove how much your damages have amounted to and why. There are several types of damages that you may be able to claim including medical costs, lost wages, mental and physical distress, pain and suffering, etc.
Allow An Attorney To Review Your Case Today!
Trusting a professional that is well-versed in personal injury cases will make this process much easier to manage. Your lawyer will use your initial consultation to evaluate your case, discovery to gather necessary evidence and documentation, and present a case in court defending your right to compensation.
For more information, speak to our motorcycle accident lawyers now.