Those injured in a motorcycle accident might be discouraged after suffering through painful injuries and facing costly medical bills, but a Bellevue motorcycle accident lawyer could help.
The attorneys at Berry Law could review your case and help you weigh your options for pursuing compensation. An experienced injury attorney could represent you in and out of court and advocate zealously on your behalf.
Proving Negligence in Motorcycle Accident Claims
In most cases, motorcycle accidents occur unintentionally. However, whenever a person’s failure to meet their duty of care results in a person’s injuries, they can be held liable under a theory of negligence. In order to be successful in a negligence suit, a motorcycle crash lawyer in Nebraska would have to demonstrate the following four elements:
- Duty of care
- The breach of that duty of care
- Causation between the breach and the plaintiff’s injuries
- Actual harm or loss suffered by the plaintiff
All motorists owe one another a duty to prevent an unreasonable risk of harm to other drivers. When a person fails to uphold his or her duty and drive irresponsibly, he or she is in breach, and thus can be held liable for any resulting injuries. For example, driving over the speed limit would be a breach of duty and they could be held liable for any resulting accident.
Under the third element, causation, the plaintiff must show that the defendant’s negligent conduct caused his or her injuries. Finally, under the fourth element, the plaintiff must bring a lawsuit based on damages that could be compensated by the court. In other words, the responsible party’s behavior resulted in the claimant’s injuries.
In some cases, a responsible party may be considered negligent per se. Negligence per se is a doctrine that allows plaintiffs to seek damages against a defendant if he or she violated a statute in the process of causing them harm. Violating a traffic law, such as speeding or failing to stop at a traffic light, could be used to prove that a driver was negligent per se. An attorney can carefully examine the evidence in your accident to build a strong claim for you.
Filing Injury Claims in Bellevue
There are different avenues for injured plaintiffs to pursue recovery in motorcycle accident cases. However, those seeking damages based on a negligence claim must file their case within the four-year statute of limitations under Nebraska Revised Statutes §25-207.
Failing to file a claim within the specified time could result in the claim being dismissed. When this happens, the injured party may lose his or her right to recover compensation. Therefore, it is important for anyone considering a claim to reach out to a Bellevue motorcycle accident lawyer as soon as possible following a crash.
Ways a Bellevue Motorcycle Accident Attorney Could Help
A Bellevue motorcycle accident lawyer could help support you on your journey to recovery. The team at Berry Law understands you are injured, not broken, and could provide you with the legal support you need to recover the compensation you deserve. Reach out to an attorney today for a free consultation to start your claim.