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New York City Accident Lawyer Discusses 4 Elements to Prove in a Motorcycle Accident Lawsuit

On Behalf of | Dec 28, 2015 | Firm News

No road user is as exposed to the elements as motorcycle riders. In fact, the Centers for Disease Control and Prevention reports that 4,502 motorcyclists died in 2010 alone. Survivors often suffer crippling injuries that diminish their quality of life.

The medical bills that follow a motorcycle accident can quickly lead to insurmountable debt. This is especially true if the victim cannot return to work. For many, this is just the beginning as head, neck or back injuries can require ongoing care.

If you were injured in a motorcycle accident that another driver caused, then contact Antin, Ehrlich & Epstein, LLP. You may be entitled to compensation for accident-related expenses. If you would like to speak with a New York City accident lawyer, then call our office today at 917-730-7151.

Important Elements in a Motorcycle Accident Claim

Even if negligence seems obvious, recovering compensation can be a legally complex process. Plaintiffs must prove certain factors to establish negligence and tie injuries to the accident. Here are four elements that you will have to prove in a motorcycle accident lawsuit:

  1. Duty

Every motorist in New York City has an obligation to prioritize the safety of others on the road. The simple act of climbing behind the wheel means that you legally consent to this duty. Proving this duty simply requires that the plaintiff demonstrates that the defendant was driving the vehicle that caused the accident. A police report can provide this information.

  1. Breach of Duty

After establishing that the other driver had a duty toward you, the next step is proving that he or she breached that duty. This can be difficult because it requires the plaintiff to demonstrate that a reasonable driver would not have behaved the same way as the defendant, and that this behavior contributed to the accident. Drivers can breach their duty to motorcyclists in many ways, such as not checking their blind spots and then turning suddenly.

  1. Liability

Proving liability, or causation, is the most crucial element in a personal-injury case. Proving that the accident happened is not enough—neither is proving the existence of injury or death. You have to provide indisputable evidence that the accident only happened because the other driver acted recklessly or negligently. Examples include texting behind the wheel or running a red light.

  1. Damages

Once you have established liability for your injury because of a breach of duty, you have to prove how much compensation you deserve. This is called “damages.”

As the victim of a negligent driver, you may be entitled to several types of damages. Keep all records of medical bills, time off work, rehabilitation costs and psychological assessments. Your personal-injury attorney can evaluate this evidence and use it to calculate your damages.

Many accident victims unknowingly admit fault to insurance adjusters; others settle for an amount that is less than they deserve. A New York City accident lawyer can help you avoid these mistakes. Call Antin, Ehrlich & Epstein, LLP at 917-730-7151 to schedule a free consultation.