Motorcyclists enjoy more maneuverability on the road than the average motorist. Unfortunately, it’s all too easy for motorists to overlook motorcyclists when changing lanes, passing through intersections, or trying to get to work on time. What’s more, the collisions that stem from this roadway negligence are often far more severe for motorcyclists than motorists.
Motorcyclists and victims of roadway accidents can bring that roadway negligence to the attention of a civil judge, though. Motorcycle accident lawyers can help accident survivors bring forward evidence of misconduct and subsequently demand damages based on the value of a liable party’s oversight. You can work with Berry Law to kick off your case today.
Motorists Owe Motorcyclists a Duty of Care
Every motorist on the road owes the people around them a duty of care. That duty of care dictates that motorists must abide by roadway laws and take reasonable steps to keep everyone around them safe. A driver who deliberately speeds, turns right on red without permission, or fails to look for motorcyclists may violate their duty of care.
If you want to take a motorist or related party to civil court in the wake of a motorcycle accident, you need to allege and prove that said party owed you a duty of care at the time of your accident. You can do this by bringing forward evidence of a liable party’s roadway misconduct. That evidence can include:
- Video footage of your accident
- Photo footage of your accident
- Reports from bystanders
- Expert witness opinions
- Analysis of accident scene debris
You can request that a motorcycle accident attorney speak with bystanders and otherwise gather the data you need to establish negligence in your case. Our team can then compile that evidence in what’s referred to as a personal injury claim. You can then file that personal injury claim with a civil judge to request the right to take legal action against the liable party.
Holding a Liable Party Responsible for Your Accident
When you move to hold someone responsible for your recent motorcycle accident, don’t let at-the-scene assumptions get the best of you. While it might look like a private motorist bears the responsibility for your accident, there are other parties who may have had a hand in your collision. These parties can include:
- Rideshare corporations
- Truck drivers
- Automotive manufacturers
- Automotive mechanics
- Government officials
- Construction crews
When in doubt, follow the evidence at the scene to the person responsible for your losses. If it looks like contracts or other extenuating factors may alter liability in your case, let our team know. We can break those factors down and make sure that should you choose to take legal action, you take it against the right party.
How to Take a Motorcycle Accident Claim to Civil Court
A personal injury claim, or motorcycle accident claim, does not allow you to demand that the party responsible for your accident face criminal consequences for their behavior. Only a prosecutor can initiate a criminal investigation into a motorist’s behavior, though you may be asked by the prosecutor to testify and present evidence of criminal misconduct.
When you move to take a civil motorcycle accident claim to court for your damages, you need to prove that:
- You have evidence that a party’s negligence caused your accident
- That party was responsible for your well-being at the time of your accident, as dictated by an understanding of duty of care
- You suffered economic losses due to the aforementioned party’s misconduct
- You can present evidence establishing the total value of your economic losses
Calculating Your Motorcycle Accident’s Value
Motorcycle accident survivors like you often find themselves contending with a litany of unexpected bills following their crashes. It’s not fair that you have to foot your accident’s bill when someone else is responsible for your losses. Fortunately, your personal injury claim lets you get ahead of those losses.
You can provide the court with an estimate of your case’s value. So long as your motorcycle accident claim moves forward, you can then demand those losses in the form of damages from the party responsible for your accident. The losses that you demand may include:
- Post-accident medical expenses
- Property restoration and/or replacement
- Compensation for wages lost while recovering
- Loss of companionship
- Loss of consortium
- Emotional distress
- Mental anguish
- Pain and suffering
You can discuss which of these losses you may be eligible for with our motorcycle accident lawyers.
Motorcycle Accident Attorneys Can Help Build Your Case
You’re under no obligation to make a motorcycle accident claim without help. You can call on an attorney within hours of your accident. We can meet you in the hospital, at home, or in our office to discuss the nature of your losses. You can also ask our attorneys to mediate your conversations with police officers, emergency responders, and applicable insurance providers.
Once we’ve taken your case, you can count on Berry Law’s motorcycle accident lawyers to:
- Investigate the negligence that led to your accident
- Compile that evidence in an appropriately-formatted complaint
- Arrange settlement negotiations with the liable party, their attorneys, or an insurance company
- Request that your case go before a judge or jury
- Contact s witnesses and schedule their appearance in court, if necessary
It’s our goal to make it as easy as possible for motorcycle accident survivors to take advantage of the legal rights afforded to them. If you have questions about your right to legal action or the information you need to file a claim, let Berry Law know. We can schedule a free, no-obligation, case consultation and discuss your circumstances in more detail.
Let Our Team Help You Recover from Your Motorcycle Accident
Motorists who don’t uphold the duty of care owed to you on the road can devastate a motorcyclist’s financial standing. If you find yourself facing the economic and physical consequences of someone else’s negligence, know that you have the right to take legal action. You can work with a motorcycle accident lawyer to bring the liable party to civil court.
Berry Law knows how to take the raw data from your accident and compose it into a persuasive civil complaint. You can contact our team for a case consultation within hours of your crash. Reach out to our office by filling out our online contact form or by calling our office.