Proving negligence is the key in motorcycle accident lawsuits

-Posted On September 27, 2016 In Uncategorized-

Motorcycle accidents share many characteristics with car accidents, but there are some notable differences.

Just like with a car accident, proving negligence on the part of the other driver is the key to winning a suit. However, in a motorcycle accident lawsuit, the attorney and the courts will also need to consider the added risks of riding a motorcycle. These risks include:

  • Less stability on a motorcycle than in a car.
  • Increased vulnerability to road hazards ranging from poor drivers, road debris, construction zone risks and so forth.
  • Much less protection between the motorcycle rider and the road than car drivers and the road.
  • The need for specialized skills that a rider must have when on a motorcycle.

While those factors influence how a motorcycle accident suit plays out, ultimately, to win a claim, an attorney must be able to prove negligence on the part of the defendant. In legal proceedings, negligence has four parts:

  • The defendant is required to be reasonably careful while driving. There are virtually no instances when this is not the case, so it is generally just a given.
  • Based on how a reasonable person would act, the defendant was not careful in their driving at the time of the accident.
  • Because of how the defendant acted, they caused injuries to the rider. On the surface, this might appear easy to prove, but there can be mitigating circumstances that can cloud this part of the negligence claim.
  • The defendant’s actions caused the plaintiff to suffer losses.

An important point to remember is that riding a motorcycle makes a person more vulnerable, and so the standard of negligence changes and requires other drivers to be more vigilant than when dealing with automobiles.

Choulos, Choulos & Wyle proudly serve clients in San Francisco, Oakland and in cities throughout the Bay Area.

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