TANDE KOZE Senatè Youri Latortue Kraze Don Kato Yè Nan SANAT || Ann Gade Lòbèy

Senatè Youri Latortue Kraze Don Kato Yè Nan SANAT || Ann Gade Lòbèy

Negligence in Motorcycle Accident Cases

Getting compensated after a motorcycle accident isn’t always easy. The main thing that you should understand about your motorcycle accident is the concept of negligence. The money for your motorcycle accident injury claim will typically come from insurance. However, in order for you to be entitled to compensation for your injuries, damages, or pain and suffering, you must be able to prove the following points to the insurance company:
  1. The other driver was at fault
  2. The accident was caused by the other driver’s negligence
  3. The personal injuries you have suffered are a direct result of that accident
Deciding which driver is at fault is typically the job of the police officer who makes the accident report. Be sure not to admit fault if you are in the circumstance of just recently having suffered an accident. However, determining negligence is a subjective matter that is open to interpretation, and that’s ultimately up to the court to decide. The more compelling an argument your lawyer can make, the more likely you will be to pull the court to decide in your favor. Therefore, it’s a big plus to have an experienced lawyer on your side.

Understanding Negligence

If a driver hits you while you’re riding your motorcycle, but there’s absolutely no way that a reasonable person could have avoided the accident, you probably won’t be able to prove negligence.
The essence of negligence is what a “reasonable person” wouldn’t have done.
  • Reasonable people take precautions.
  • They pay attention while they’re driving.
  • They minimize distractions.
  • They don’t speed.
  • They don’t text and drive.
  • They don’t follow too closely when they’re behind a motorcycle.
  • A reasonable person knows that you can’t drive too close to the side of a motorcycle when passing.
  • They realize that wet conditions are particularly dangerous for motorcyclists.
(Don’t we wish all drivers were reasonable people!?)
If the driver who hit you in an accident was being negligent, that’s when you probably have a case. However, just because you have a case doesn’t automatically mean that you’ll be granted the compensation that you’re entitled to. The case has to be argued, and that’s where your motorcycle accident lawyer comes in. Hiring a lawyer still doesn’t guarantee that you’ll win (and you should be suspicious of any attorney who claims that they can guarantee any outcome on any case), but it helps to improve your chances.
The motorcycle accident attorneys at the Edwards Law Firm are here to fight for justice for our clients who have suffered injury or loss due to a motorcycle accident. Get experienced, skilled counsel on your side when you work with the Edwards Law Firm. Ask for our FREE case review now!

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