How Does a Motorcycle Accident Lawyer Prove Negligence After a Crash?

Motorcycle riders face more significant risks on the road than other drivers. Their bodies are more exposed to the environment since no outer shell protects them.

Additionally, they take up less space, so other drivers may be unable to spot them as quickly as a car. While bikers must take extra precautions to remain safe, motorcycle collisions can still occur due to the negligence of other motorists.

If you’re injured in a motorcycle accident due to someone else’s negligence, you may have the right to pursue compensation for legal damages. The biggest challenge you will face during this legal process is proving negligence, but this is a task an experienced motorcycle accident attorney will know how to navigate.

Common Motorcycle Accident Injuries

Injuries suffered in a motorcycle accident can be incredibly severe for the rider and any passengers. Colliding with another vehicle involves a lot of physical force, and with little protection, the human body is highly vulnerable to significant damage.

The more intense your injuries are, the more compensation you can claim in a personal injury case. Here are some common injuries in motorcycle accident cases.

• Broken bones
• Road rash
• Spinal cord injuries
• Lacerations
• Head injuries
• Back injuries
• Crush injuries
• Nerve damage
• Organ damage
• Amputations
• Death

Proving Negligence in a Motorcycle Accident Case

Establishing negligence in a motorcycle accident is the most critical aspect of your personal injury claim. You cannot claim compensation for legal damages if you cannot prove the other party’s negligence in the accident.

Unlike criminal proceedings, which require proof “beyond a reasonable doubt,” civil actions typically need to demonstrate negligence on a “more likely than not” basis.

Hiring a personal injury lawyer is the way to increase your chances of successfully proving negligence. Here are the elements required for establishing negligence in a personal injury lawsuit.

Duty of Care

Drivers owe motorcyclists a certain duty of care. This duty means that a driver is expected to behave as any reasonable person would to protect the safety of others on the road, including bikers. It is a legal obligation to keep others safe on the road.

To prove negligence, you must demonstrate that the driver was in close proximity to you at the time of the motorcycle accident and was expected to uphold a duty of care. Your legal team can help you gather evidence demonstrating that the defendant owed you this duty of care when your accident occurred.

Breach of Duty

The next phase of negligence in a motorcycle accident is proving that the at-fault party breached that duty of care. Drivers can breach their duty of care in many ways, such as careless or reckless behavior while driving, speeding, or failing to yield.

A breach could also involve failing to check blind spots before switching lanes or driving distracted by a mobile device. To proceed with your motorcycle accident claim, you must provide evidence demonstrating that the defendant breached their duty of care.

Causation

Causation in motorcycle accident claims requires proving a direct link between the driver’s negligence and the injury accident. This link means demonstrating that the driver’s specific negligent actions led to the collision and your resulting injuries, not just that they behaved negligently at some point.

For example, if a driver was distracted by their phone, which led to the collision, there is a clear causal link. However, if the driver was distracted earlier but stopped using their phone before the accident, the causal link may be harder to establish.

Damages

The final element necessary to prove negligence is the presence of legal damages resulting directly from the harm suffered.

Motorcycle accidents can cause numerous legal damages that can lead to compensation for victims, including lost wages, medical bills, future medical expenses, emotional distress, physical pain and suffering, loss of quality of life, and property damage.

If the victim of a motorcycle accident dies, surviving families could file a wrongful death lawsuit and claim additional damages like funeral costs, loss of financial support, and loss of companionship.

Gathering Evidence in a Motorcycle Accident Claim

The key to winning a motorcycle accident case is gathering evidence. You must have enough data to demonstrate a causal link between the at-fault party’s actions, your serious injuries, and the legal damages that ensued.

Here are some examples of evidence that can be used to establish negligence after a motorcycle crash.

Police Report

A police report is an official document detailing the local police’s investigation of the circumstances of the motorcycle crash. Once the authorities are on the scene, they will gather information from all parties involved and conduct their assessment to determine what happened.

Once it is completed, you should request a copy of your police report. This accident report can back up your claims during a lawsuit and may serve as the focal point of your evidence profile, especially if it states that the at-fault party violated traffic laws and caused the collision.

Medical Records

Proving damages is necessary if you plan on recovering compensation after a motorcycle crash. Medical records are necessary evidence for this aspect of the claim. They document the type of treatment you have received and the costs of that treatment. Additionally, these records will help establish the cost of future medical bills.

The more information you have about your injury recovery, the easier it will be to seek maximum compensation to cover your expenses.

Witness Statements

If anyone witnessed the accident as it occurred, they will play a crucial role in providing evidence. They might have seen the negligent party looking at their cell phone right before the crash, or perhaps they noticed the driver ignoring traffic regulations and engaging in reckless behavior right before the collision.

Gathering witness statements demonstrating the other driver’s negligence will support your claim and increase your chances of winning compensation. If you can, try to collect the contact information from any witnesses from the accident scene to connect with them later to take an official statement.

Photos and Videos

Photos and videos of the accident scene can also establish the liable party in a motorcycle accident. Take pictures and videos of the damage done to your vehicle and your resulting bodily injuries.

If there are skid marks or pieces of debris near the crash site, take photos of these as well. Anything that can help accident reconstruction experts piece together the circumstances of the collision could support your claim.

Additionally, if nearby surveillance cameras or witnesses have videos of the motorcycle accident, that footage could be crucial in establishing negligence, especially if it shows how the accident happened.

Expert Witnesses

Another way negligence is established in a motorcycle accident case is with expert testimonies. Several parties could testify about your motorcycle accident to strengthen your claim further. Here are a few experts you should consider consulting for your personal injury claim.

Accident Reconstruction Experts

Accident reconstruction specialists know how to work out the details of a collision. Their work can help uncover how the collision played out and what caused it. Police often consult these experts when creating the accident report to determine the hidden details of the accident or when the accounts of more than one party conflict.

If an accident reconstruction specialist provides testimony establishing negligence in a motorcycle accident claim, your case will have a greater chance of victory. You can ask your motorcycle accident lawyer about securing testimonies from accident reconstruction experts.

Medical Experts

Medical experts can also play a crucial role in supporting your claim. This support could be a personal doctor who has been treating you during your recovery. A medical expert can testify about the victim’s significant injuries and treatment to prove damages and establish negligence.

Legal Strategies for Motorcycle Accidents

Proving negligence is often the biggest challenge when pursuing a motorcycle accident claim. If you suffered damages such as lost income or emotional distress because of a motorcycle collision, you must consider the legal implications of your case before pursuing a claim. Several legal principles may play a role in the claims process.

Comparative Negligence

Comparative negligence statutes in some states complicate the process of establishing fault in motorcycle accidents. These laws recognize that multiple parties may share responsibility for an accident.

However, the party that is most at fault may be liable for the other party’s damages. In most comparative negligence states, the victim must be less than 50% responsible for the motorcycle accident to be eligible for compensation.

The percentage of your fault will often reduce the fair compensation you can win. For example, if you are 30% responsible for the collision and the responsible party is 70% at fault, your maximum settlement may be reduced by 30%.

If you need clarification about the implications of comparative negligence in your state, an experienced lawyer can help you understand how your case will be affected.

Insurance Coverage

The at-fault driver’s insurance company often pays the settlement involving a motorcycle accident. However, this payout depends on the type of insurance they have. If they do not have sufficient insurance, your insurance company may cover some of your losses if you have underinsured or uninsured motorist coverage.

The amount you receive from the other insurance company also depends on the policy terms regarding bodily injury and property damage. Navigating the insurance side of a motorcycle claim is complicated, so consulting with an experienced motorcycle accident lawyer will help you get through this process successfully.

Pre-Existing Conditions

Victims of motorcycle accidents with pre-existing conditions may face an uphill battle to prove legal damages. The at-fault party and their insurance company will likely claim that your suffering is due to your pre-existing condition rather than the recent accident. It is up to you and your motorcycle accident attorney to prove that your condition was worsened by the accident.

A pre-existing condition could also change your fair compensation package. If you suffered injuries and your condition worsened after the accident, this could elevate the total damages you are eligible for. An experienced motorcycle accident lawyer will help you seek compensation if you have a pre-existing condition exacerbated by a collision.

Secure Expert Legal Representation!

Most motorcycle accidents can be traumatizing events for injured victims and their family members. As you struggle with a complicated medical recovery and miss time at work, your financial losses will quickly escalate to match your physical or emotional struggles.

Sometimes, the only way to secure your financial recovery is to hold the other party accountable for their actions with a motorcycle accident claim.

Rosenfeld Injury Lawyers is a Chicago personal injury law firm that specializes in handling motorcycle accident claims. Our team can help you hold the responsible party liable for the collision and any injuries. Rather than pursue your claim alone, you can rely on experienced motorcycle accident attorneys to guide you through the process while protecting your rights.

Contact a Chicago motorcycle accident attorney today at 888-424-5757 for a free consultation, or complete our online form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.