Motorcycle riders take on a lot of risks when they ride, so many riders are extremely careful on the roads. They know that one mistake could cause a life-altering accident. But careful riding can’t prevent all accidents. It just takes one careless driver to create one.
Legal consultation is critical after a motorcycle accident because the injuries are likely severe. Get a free consultation with our Cherry Hill, NJ, personal injury lawyer. We will explore your accident and explain all of your legal options for compensation, with no pressure or commitment to use our services.
How does a Lawyer Prove Liability After a Motorcycle Accident?
When you make a claim or file a lawsuit, you have to prove that the other party’s negligence caused the accident. To do that, we need to bring together the evidence to prove four elements of negligence.
By working with a motorcycle accident lawyer, you don’t have to worry about collecting the evidence yourself. The four elements of negligence are:
Duty of Care
First, the defendant has to have had a reasonable level of responsibility to act carefully around you. This is called a duty of care. Everyone on the roadways has an automatic duty of care toward everyone else. A reasonable person would want to avoid an accident and prevent harming others.
Breaking the Duty of Care
If someone breaks the traffic laws or creates a dangerous situation, they break the duty of care. It could be something like failing to look before making a left, eating or texting while driving, all the way to deliberately crashing into a motorcycle.
Accident reports are a common piece of evidence for proving a breach of the duty of care. If an officer cites the other driver for breaking the law, we can prove that this element of negligence was met.
Acting negligently might get someone in trouble with the law, but it doesn’t mean it caused your crash. The next step is to link the breach of the duty of care with causing your accident. That proves who is responsible.
However, sometimes multiple drivers may share liability, and even the rider might have been partially responsible. Your lawyer will fight against claims that you were partially responsible for your accident.
The first three elements prove responsibility, but damages are the consequences of your motorcycle accident. When we ask for payment, we’re asking to cover these damages so you could be “made whole”. This means the money should make you as close as possible to how you were before the accident.
This may not be possible in actuality, especially in fatal accidents, but compensation can help you repair your motorcycle, heal your body, pay for time lost from work, and much more. Most riders are owed much more than they think.
What Evidence Will You Gather for My Case?
Proving these four factors of negligence needs evidence. Our lawyers will gather the evidence needed to prove you have a valid claim, and prove the value of your claim. Some of the evidence we’ll seek include:
- Medical records and test results
- Pay stubs to prove lost wages
- Accident reports from the police
- Testimony from witnesses
- Expert opinions
- Physical evidence
- Camera footage
- Depositions and journals from victims
Gathering these pieces of evidence and creating a compelling case is necessary to get the most from your claim. Hiring a motorcycle accident lawyer is the easiest way to do it. You have enough to worry about after your injuries. Let us handle the legal side of your case so you can get the most money from your claim.
Cherry Hill Motorcycle Accident Lawyer Near Me (215) 985-2424
I Wasn’t Wearing a Helmet. Will that Affect My Claim?
New Jersey has required riders to wear a helmet since 1968. The helmet must also come with eye protection. Any two or three-wheeled vehicle with a motor must have all riders wearing a helmet. So if you’re not wearing one and get into a crash, you’re breaking the law.
This can reduce your compensation because of New Jersey’s negligence laws. An insurer might say that some of the fault for your injuries is yours because you weren’t wearing a helmet. Proving you shared fault is a way for insurers to pay you less money.
As long as you are less than 51% responsible for an accident, you can get paid for a claim or lawsuit. However, your compensation will be reduced by your percentage of fault. So if you were to get $100,000, but the court said you were 25% at fault by not wearing a helmet, you’ll only get $75,000.
Defending against accusations that you share fault for an accident is another job for your motorcycle accident lawyer. Yet some actions have almost no defense. If you don’t wear a helmet when you ride, you’re acting negligently for your own safety.
How Else Will My Motorcycle Accident Attorney Help Me?
Our motorcycle accident attorneys do more than get you the most money possible. They also act as a shield against the tactics of the insurance companies. We can handle all communications between the defendant and their insurer.
Hiring a lawyer also gives you access to the power of the court. Going to court is risky for insurers because a judge and jury may say you’re owed more than they’re willing to pay. Therefore most cases settle out of court once you have a lawyer on your side.
Lawyers can also advise you on how to protect yourself from doing something that could jeopardize your claim. You’d be surprised at what the insurers might say you did and stretch it to lower their amount of liability. Without a legal background, you’ll have little defense against their claims. We’ll level the playing field for you.
Hire a Motorcycle Accident Lawyer from Spear Greenfield
Our motorcycle accident attorneys in Cherry Hill, NJ, will demand the true value of your case. Find out how much your case is really worth by getting a free consultation with our legal team. Simply call us or email us to schedule an appointment for a consultation.
All consultations are free and with no legal obligation. Our job during the consultation is to give you information about your situation and explain your legal options. We will not pressure you into using our services, unlike many other personal injury lawyers.
You have a brief window of time to file your claim before you lose your opportunity for compensation, so don’t delay. Call Rand Spear today and get paid for your motorcycle accident.