On a sunny day, the thrill of a motorcycle ride along a Newport Beach highway is unparalleled. Drivers and riders will both enjoy the adrenaline rush of this exciting jaunt. However, there are significant risks involved in riding a motorcycle.
In contrast to cars, motorcycles provide very little safety for their riders. Despite wearing a helmet and other protective gear, you can still be seriously injured in an accident. In 2021, 13,381 motorcycle accidents in California resulted in injuries and deaths. This is what the Statewide Integrated Traffic Records System (SWITRS) of the California Highway Patrol reported. There were 539 motorcycle fatalities in the state of California in 2020.
Many of these accidents were caused by the negligence of other road users. In such cases, you should get the services of a Newport Beach motorcycle accident lawyer. Their legal department has obtained settlements and judgments totaling millions of dollars. A good attorney will look for the best strategies for proving negligence in a motorcycle accident case.
4 Strategies to Prove Negligence in a Motorcycle Accident Case
Regarding motorcycle accidents, drivers are responsible for taking reasonable precautions to avoid putting other road users in danger. A motorist is negligent if they fail to exercise proper care and their actions result in an accident.
Damages from an accident, when injuries were sustained, must be compensated for by the party found negligent. Some forms of negligence on the road include:
- Speeding
- Refusing to give way
- Ignoring a red light
- Drinking and driving
- Distracted driving
- Failing to keep a reasonable distance
- Making a left turn without checking your mirrors
- Using excessive speed for the route
Here are the four strategies you must follow to prove negligence in a motorcycle accident case.
A Duty of Care Was Owed to You by the Defendant
If you are filing a lawsuit against another motorist, they are responsible for exercising reasonable care when sharing the road. Talk to your motorcycle accident attorney about proving the defendant owed you a duty of care if:
- The party at fault was a business or government agency
- The state produced terrible road conditions
The Defendant Failed to Exercise Due Care
A defendant can violate their duty of care to you. This happens if, in comparable circumstances, another reasonably competent individual would not have done as they did.
The Defendant’s Negligence Directly Caused Your Injuries
You must prove that the collision caused your injuries. Broken bones and head trauma can both be easily detected and verified by medical tests. It may be more difficult to prove other harm.
The negligent party and their insurance provider may try to argue based on exaggeration. Or the suffering and pain, such as anxiety, agony, or dementia, are unrelated to the accident.
You Lost Money Because of the Accident
Finally, you must demonstrate financial losses as a result of your injury. Possible losses consist of:
- Money to buy prescribed medicines
- Expenses related to trips to the doctor
- Orthopedic treatment
- Medical costs
- Inability to work and make money
- Agony and distress
- Income loss
- Property destruction
Gather proof to show that you suffered the above losses and damages due to the collision. Your motorcycle accident attorney can assist you with this.
Conclusion
Injuries sustained in a motorcycle collision can be devastating. Any damage you suffer due to another person’s carelessness calls for legal action.
You should be compensated for the full extent of your losses. This is financial (damaged property or lost wages) or non-financial after an accident or injury. You must retain the services of a motorcycle accident attorney in Newport Beach for fair compensation.
