Motorcycles are significantly smaller than other motor vehicles, meaning accidents involving motorbikes often result in severe injuries to the biker. If you have been hurt in this type of collision, you could recover substantial financial compensation with the help of a skilled accident attorney.
However, to succeed in your case, you must prove your accident resulted from another party’s careless or reckless actions. The at-fault party could be another motorist, the manufacturer of your motorcycle. Reach out to the attorneys at Berry Law who know how to prove negligence in Omaha motorcycle accident cases.
The Four Elements of Negligence
There are four vital elements of negligence that you must establish in a motorcycle wreck case. If you are unable to prove even one of these components, you will not be able to recover a financial award from the other party. The four elements are duty of care, breach of duty, causation, and damages.
Duty of Care
The first step in proving fault is establishing the existence of a duty of care. A duty of care is a legal responsibility to avoid harming another person. While proving that the duty of care exists can be challenging in some cases, it is rarely in dispute in motorcycle accidents. That is because all motorists owe one another a responsibility to drive safely and follow traffic laws.
Breach of Duty
Identifying that a duty of care exists is only one step in the process. Next, you must also show the defendant breached that duty. Common actions that can be considered a breach of duty include speeding, failing to yield, failing to maintain a proper lookout, driving while distracted, and driving while drunk.
Causation is the third element of negligence, and it involves establishing a causal link between the defendant’s actions and your accident injuries. This link must be present, as you are only entitled to seek compensation for the injuries that resulted directly from the other party’s negligence.
In a motorbike collision case, you must also prove you suffered damages. In a legal sense, damages are the economic and non-economic losses you suffered due to the other party’s actions. The main types of damages for which you may recover compensation include medical expenses, lost wages, property damage, pain, and suffering.
How Partial Fault May Impact an Accident Case in Omaha
There are other rules to be aware of when it comes to liability in Omaha motorcycle crash claims. One of the most prominent examples involves a legal standard known as comparative negligence.
Comparative negligence applies to cases where the injured party is at least partially responsible for the collision. Under Nebraska Revised Statutes § 25-21,185.09, you are barred from seeking compensation if your degree of responsibility is equal to or greater than that of the at-fault parties.
If you are less than 50% responsible for the collision, you can still seek compensation for your damages. However, the court is required to reduce your damages award by your percentage of fault. A lawyer can help you stand up against accusations of partial liability.
Talk to an Omaha Attorney About Liability in Your Motorcycle Accident Claim
If you were involved in a motorbike wreck, you could have a viable claim. Still, successfully pursuing that case will require you to establish that another party’s negligence led to your injuries.
An experienced attorney could help you build a strong case for negligence in an Omaha motorcycle accident case. Contact Berry Law today to schedule a free consultation and learn more.