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How to prove negligence in a motorcycle accident

| May 14, 2021 | Motorcycle Accidents |

If you have been involved in an accident as a motorcyclist, you will, statistically, be more at risk of suffering serious injuries than the drivers of vehicles involved in the same accident. This is because motorcyclists have fewer barriers of protection: They can easily be thrown across the road in a collision because they do not have the enclosure of the car to protect them.

It’s likely that you have not only suffered physically and mentally as a result of the motorcycle accident but also financially. For example, you may need to spend substantial amounts on fixing your bike, and you will also likely be subject to significant medical bills. It may be the case that you’ll lose wages as the result of needing to take time off work for the recovery period. This is why it is extremely important that you take action to prove fault and gain back damages. The following is an overview of how you can prove negligence as a motorcyclist involved in an accident.

Show that there was a breach of duty

All drivers, both drivers of vehicles and motorcycles, have a duty of care. They must act safely and responsibly on the roads. If you can show that the other driver breached their duty of care by acting unsafely, you will be able to proceed in making a negligence claim.

Show that the breach of duty caused the accident

You then need to show that this breach of duty actually caused the accident. For example, you should show that the driver’s speeding was what led to the collision. You must also show proximate cause by successfully arguing that if the driver had not been speeding, the damages would not have occurred.

If you have suffered damages as the result of an accident as a motorcyclist, it is important that you take action to correctly attribute fault and gain the damages that you deserve.