No, there are times when motorcyclists are not to blame for a collision, and the possible fault rests with the person whose negligence led to the crash.
To hold a person accountable for your injuries, your attorney will need to demonstrate the following circumstances:
Duty of care
The plaintiff must establish that the negligent party owed the injured party a legal duty of care before the plaintiff can bring a claim against them for their injuries. Every person driving a car is responsible for driving safely and abiding by the law.
Breach of duty
Violating behavior breaches duty since it goes against the expected standard of care. If a motorcycle had the right of way at an intersection, a passenger car driver might pull out directly in front of it. Perhaps a red light was on for the car while a green light was on for the motorcycle. In that case, the vehicle’s driver was negligent since they did not follow the road rules.
The negligent behavior must have been the root of the mishap. Perhaps the biker swerved and applied the brakes suddenly to avoid hitting the automobile. However, the motorcycle still collided with the car, and the rider was knocked from the bike. In such a situation, careless action caused the accident.
Quantifiable losses are necessary to pursue compensation in a motorbike or vehicle accident case. This essential component of liability is satisfied by physical injuries. The automobile driver might be responsible for the motorcycle rider’s damages if the rider sustained injuries in the collision.
Damages in claims for motorcycle accident injuries
With the help of motorcycle accident attorneys, you may be able to seek a range of damages in a motorcycle accident injury claim. A person who had minimal injuries, fully recovered, incurred little medical expenses, and barely missed any time from work, for instance, is likely to receive less monetary damages than someone who will never be able to walk normally again.
The following are some typical sorts of compensation for motorcycle accident injuries that people may pursue:
This category can include the cost of emergency room or trauma center care, medical bills, surgery costs, hospital costs, blood transfusion costs, physical therapy costs, the price of specialized rehabilitation facilities, and the costs of over-the-counter and prescription medications required to treat your injuries.
Wage losses include the absence of regular revenue sources, including earnings, salaries, self-employment, and others.
Some victims of life-altering injuries, such as spinal cord damage or severe head trauma, cannot live freely, requiring long-term care. Other types of recoverable damages include diminished earning capacity and wrongful death.
The bottom line
You may pursue a lawsuit against the responsible party when you demonstrate all the culpability elements. A motorcyclist doesn’t necessarily have to be liable for an accident; someone else can be at fault and accountable for the individuals they hurt in a motorcycle accident.