Motorcyclists face heightened risks of road accidents. The smaller size of a motorcycle compared to a car or truck can make it less likely for drivers to notice motorcyclists around them. Furthermore, the fact that motorcyclists lack the safety technology found in cars and trucks, such as seatbelts or airbags, can mean riders suffer far more severe injuries in crashes than an occupant of a car or truck might sustain. As a result, motorcyclists deserve maximum compensation after getting hurt in a collision caused by another party’s negligence.
In a personal injury claim like a motorcycle accident case, negligence can determine who bears liability for injuries and losses suffered by injured victims. Proving negligence in a motorcycle accident claim requires gathering compelling evidence to demonstrate the accident’s cause and identify the responsible party or parties. An experienced motorcycle accident lawyer can also help by identifying the types of evidence that can build a strong case and explaining how the facts demonstrate negligence on the part of another party involved in the accident.
Understanding Negligence in Motorcycle Accident Cases
In a motorcycle accident case, negligence refers to a party’s failure to exercise reasonable care under the circumstances. Negligence differs from other degrees of liability, such as recklessness/gross negligence or intentional conduct. Recklessness occurs when a party consciously disregards a substantial risk that their conduct will injure others. Intentional conduct occurs when a party intends to harm another person or when they know that their conduct will certainly cause injury to others. Examples of negligent behavior in motorcycle accident cases include:
- Speeding
- Distracted driving
- Driving under the influence of alcohol or drugs
- Drowsy/fatigued driving
- Running red lights or stop signs
- Failure to yield the right of way
- Unsafe lane changes
- Turning or changing lanes without signaling or checking mirrors and blind spots
The Four Legal Elements of Negligence
Proving negligence will require a motorcycle rider to establish three distinct legal elements. Failure to prove these elements will prevent an injured motorcyclist from recovering compensation.
Duty
First, a motorcyclist must prove that another driver or party involved in the crash owed the rider a duty of care. For example, other drivers owe a duty of care to operate their vehicles lawfully and safely. Specifically, motorists owe a duty of care to drive at a safe speed, use turn signals before turning or changing lanes, check mirrors, yield the right of way, and obey other traffic laws.
Breach
The breach element of a negligence claim requires a motorcycle rider to prove that another motorist failed to fulfill their duty of care to the rider by failing to exercise the highest degree of care. For example, a driver may breach their duty of care by speeding, running red lights or stop signs, or passing a motorcycle in the same traffic lane.
Causation and damages
Finally, a motorcycle rider must demonstrate that the other driver’s breach of a duty caused or contributed to cause the rider to suffer injuries or losses for which the rider can recover compensation. Examples of damages in a motorcycle accident case include:
- Medical treatment and rehabilitation expenses
- Long-term disability care costs
- Lost wages/income from missed work
- Lost future earning capacity when permanently disabled from employment
- Repair or replacement expenses for a damaged or totaled motorcycle
- Pain and physical suffering caused by accident injuries or subsequent treatment (such as post-operative pain)
- Lost quality of life caused by emotional trauma, distress, disabilities, or visible scarring and disfigurement
Evidence Used to Prove Negligence in Motorcycle Accident Cases
Injured riders and their legal counsel may use various kinds of evidence to prove another motorist’s negligence in a motorcycle accident case.
Examples of evidence that can help build a negligence claim include:
- Police accident reports
- Accident scene photos and videos
- Witness statements
- Dashcam or helmet camera footage
- Surveillance or traffic camera footage
- Cell phone logs
- Vehicle computer data
- Medical records
- Accident reconstruction expert reports and testimony
Comparative Negligence and Shared Fault
Missouri uses a pure comparative negligence system for accident cases such as motorcycle injury claims. Under the pure comparative negligence system, any share of fault that a motorcyclist bears for a road accident does not bar them from pursuing an injury claim against another at-fault motorist. However, when an injured motorcyclist brings a motorcycle accident lawsuit, the court or jury must assess the percentage of fault that the motorcyclist and other at-fault motorists bear for the accident. Any share of fault that the motorcyclist has for an accident can proportionally reduce the compensation they recover in a motorcycle accident lawsuit.
For example, suppose a motorcycle rider incurs $50,000 in losses from a motorcycle accident that a jury finds them 10 percent at fault for causing. In that case, the court may reduce the rider’s award by $5,000 to reflect their 10 percent share of their $50,000 loss. Even if the jury finds the rider 90 percent at fault, the pure comparative negligence system allows them to pursue a legal claim to recover the other 10 percent of their losses.
The comparative negligence system can affect a motorcyclist’s recovery in a motorcycle accident lawsuit or an insurance claim. Insurance companies will also assess a motorcyclist’s share of fault for an accident when determining what kind of settlement offer to make, recognizing that the comparative negligence system will reduce the rider’s recovery if they pursue a lawsuit.
Role of a Motorcycle Accident Attorney in Proving Negligence
A motorcycle accident lawyer can help a rider prove other motorists’ negligence in a motorcycle accident by handling various aspects of the rider’s case, including:
- Thoroughly investigating the crash to recover all available evidence
- Reviewing the facts of the case and working with accident reconstruction experts to develop a robust case showing other drivers’ negligence
- Identifying all liable parties, including owners of vehicles involved in the crash or employers of at-fault drivers who caused the accident while driving for work
- Developing arguments to push back when insurers or at-fault parties try to shift some of the blame for the accident onto the motorcyclist
- Aggressively negotiating with insurance adjusters during the claims process to pursue maximum financial recovery for injuries and losses
- Taking a motorcycle accident claim to court and trial when necessary to demand the compensation a rider deserves and hold negligent parties accountable for the harm the rider has suffered
Contact a Motorcycle Accident Lawyer Today
If you suffered injuries in a motorcycle accident, having experienced legal counsel can give you the best chance of recovering compensation from a negligent at-fault party. A knowledgeable attorney can help you understand how to prove someone’s negligence in a motorcycle accident case. Contact Ryan R. Cox & Associates, LLC, today for a free, no-obligation consultation with a motorcycle accident lawyer to learn more about your rights and options in the legal process.