How To Prove Negligence In A Motorcycle Accident Case

Motorcyclists in California are threatened daily by a unique set of challenges. Motorcycle riders are subject to much less physical protection than drivers in passenger cars, so even a relatively minor accident can leave them with devastating injuries. In a collision caused by the negligence of someone else, establishing that the other driver was negligent is crucial to obtaining the greatest financial settlement.

At Beverly Hills Injury Firm, we know how serious motorcycle accidents can be for victims and families. This post explains the process of establishing negligence in a motorcycle accident case and enables you to get ready for a successful legal claim.

Table of Contents

Add a header to begin generating the table of contents

What Constitutes Negligence in a Motorcycle Crash?

Negligence is essentially breaching the duty of care that everyone has towards each other every day. Negligence is a common factor in motorcycle accident claims and might take the form of a driver flouting traffic laws, driving while distracted, or not watching for motorcyclists.

Causes of Motorcycle Accidents Due to Negligence:

Unsafe lane changes

Failing To Yield Right Of Way To A Motorcycle

Tailgating or following too closely

Driving while distracted (e.g., texting)

Speeding

Driving under the influence

Leaving car doors open into the flow of traffic (Dooring)

To win your case and collect damages, you will have to demonstrate that someone else was legally responsible for the accident.

The Four Elements of Negligence in
Motorcycle Accident Cases

You will need to prove these four legal elements in order to establish negligence and make the at-fault party responsible for their actions.

Duty of Care: That the defendant (typically another driver) had a legal duty to drive safely and comply with traffic laws.

Breach of Duty: These negligent actions were a breach of that duty—namely texting and driving, running a red light or changing lanes in front of that motorcycle in traffic.

Causation: That the accident and your injuries were caused by a breach of duty by the defendant This linkage should be evident and empirically supported.

Damages: There were demonstrable injuries, medical bills, lost wages, property damage, pain and suffering or long-term disability, from the accident.

This is crucial as insurance companies are quick to label motorcyclists as the neglectful party, which they can then use against you in proving that an accident was not their fault.

How to Prove Negligence in Motorcycle Accident Cases

You and your lawyer must be able to prove that the at-fault party failed to act reasonably, which is the only way for you to be eligible for maximum compensation. And of course, the following are examples Key evidence may including:

Police reports detailing the crash

Eyewitness statements

Surveillance or traffic camera footage

Dashcam videos

Photos from the scene

Records from the hospital connecting your injuries to this accident

Motorcycle repair estimates

When distraction driving is suspected phone records.

Technical expert witness evaluation, reimaging or accident reconstruction

The sooner you start accumulating this evidence, the better your case will be.

OUR CLIENTS ALWAYS COME FIRST

GET STARTED

OUR CLIENTS ALWAYS COME FIRST

GET STARTED

Typical Legal Problems Motorcycle Cases

The reason why motorcycle injury claims are usually more complicated is because of
Prejudice against bikers:

Insurance adjusters may try to persuade you were driving erratically when this is not the case. Catastrophic injuries: These types of cases typically involve severe brain trauma, spinal cord damage, broken bones or loss of skin leading to an infection or permanent scarring.

Joint Tortfeasors: In most cases, there may be multiple parties (eg, potentially two or more drivers) and even governmental entities (responsible for road defects) who have mishandled the accident.

It's important to work with a law firm that knows how to tackle these obstacles head-on.

Comparative Negligence and Motorcycle
Accidents in California

The state of California is a pure comparative negligence state. In other words, you can receive compensation (albeit lessened) even if the accident was partially your fault. So, if you are awarded $100,000 in damages but found 25% responsible, you would still get to at least receive the sum of $75,000 This is very important as this will directly impact how much of your own insurance policy you may be able to collect, and so proving that the other party was more at fault than you were goes a long way in helping to maximize your payout.

Statute of Limitations

In California, a personal injury lawsuit must be filed within two years of the accident. If you fail to meet this deadline, you could forfeit your right to pursue compensation. For accidents involving a government vehicle, you might have only up to six months to file for claim. Complete this process as quickly as possible and do not delay. What is compensable if you win your lawsuit?

It allows recovery of many types of loss such as:

Emergency medical care

Ongoing treatment or rehabilitation

Future lost wages

Pain and suffering

Mental anguish or emotional trauma

Loss of enjoyment of life

Damage to your bike or equipment

In situations such as long-term disability or disfigurement, you might receive future damages which would be added to your final settlement or court award.

Why You Need a Motorcycle Accident Lawyer

Insurance companies have been well trained to reduce payouts. Victims of motorcycle accidents can be left with nothing without aggressive legal advocacy. Our topnotch team at Beverly Hills Injury Firm will delve into the details, protect vital evidence and negotiate with insurance companies on your behalf to secure maximum compensation for what you have endured. We fight against these prejudices and can create compelling evidence of driver error that proves negligence beyond reasonable doubt. We accomplish this by:

Assembling the Evidence You Need and Fact-Finding

Identify all liable parties

Accurately calculate your damages

Negotiating with insurance companies on your behalf

Demand you the largest settlement available.

Go to trial if we must.

Contact Beverly Hills Injury Firm for a Free Consultation
Motorbike accident compensation, you need help! Contact our team of experienced lawyers to bring your first step to justice and maximum compensation. Allow us to examine your case, answer your questions and concerns, and get started on develop a claim that serves justice to the at-fault party. The first step on the road to recovery? The right legal team.

We offer free consultations

GET STARTED

We offer free consultations

GET STARTED

SCHEDULE A FREE CONSULTATION TODAY!

Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

FREE CONSULTATION