Motorcycles may be thrilling, but any experienced biker will tell you that riding these vehicles comes with certain risks. According to the Insurance Institute for Highway Safety, more than 5,000 motorcyclists died in crashes in 2019. Many of their families faced financial hardship due to a loss of income, as well as health-care costs and funeral expenses.
The survivors of motorcycle accidents often face an uphill climb to recovery. Long-term rehabilitation and therapy can cost a veritable fortune. Fortunately, crash victims and their families may be able to recover these losses in a personal-injury claim.
A Scottsdale accident lawyer from the Rudolph & Hammond Law Firm can evaluate your collision to determine if you may have grounds for a claim. We have more than 30 years of combined legal experience.
Call 480-951-9700 to schedule a consultation.
Until then, read on to learn four elements that you will have to prove if you bring a claim against the liable party:
- The Liable Party Had a Duty toward You
All American motorists have a legal obligation to look after one another on the roads. This is every driver’s duty, and simply climbing behind the wheel means that you agree not to endanger others. This duty even applies to unlicensed drivers.
Because of this, proving that the liable party had a duty toward you usually just requires evidence that he or she was operating a vehicle. The police report may be sufficient.
- The Liable Party Breached That Duty
After demonstrating that the other driver had a duty toward you, your personal-injury attorney will attempt to prove that he or she breached that duty. Your accident lawyer will argue that a reasonable person would not have acted the same way in similar circumstances. For example, if the driver ran a red light or broke another traffic law, then the courts may conclude that there was a breach of duty.
- The Liable Party Is In Fact Liable for Your Losses
After proving that the liable party breached a duty toward you, your accident lawyer will need to prove that this breach of duty caused your losses. Your personal-injury attorney may reference the police report, doctors’ reports, photographs, witness testimonies and other evidence to establish this connection.
- The Value of Your Damages
Your personal-injury attorney will need to identify all of your damages and prove each of them separately. Non-economic damages are more challenging to win because the value of mental or emotional suffering is subjective. Economic damages, such as health-care bills and lost income, are more straightforward.
Your accident lawyer may multiply your economic damages by a number between one and five to determine your non-economic losses. However, this does not apply to every case.
If you were injured in a motorcycle accident that a negligent driver caused, contact the Rudolph & Hammond Law Firm. We will help you avoid mistakes such as unknowingly admitting fault or settling for a payout that is too low to cover your long-term medical expenses. Call 480-951-9700 to schedule a consultation.