The central challenge of a motorcycle accident claim is proving the other motorist was negligent and therefore responsible for your injuries. Without establishing negligence, there is no legal claim to financial compensation. If you are currently pursuing a motorcycle accident claim, you need to understand what negligence is and how you can prove it. A motorcycle accident attorney can answer any further questions about negligence and liability.
Elements of Negligence in Motorcycle Cases
Negligence is a legal term that basically means a behavior where someone fails to exercise the level of care that a reasonable person would use in similar circumstances. Traditionally conceived, negligence has three elements:
- Duty – The at-fault party owes the victim a duty of care
- Breach – The at-fault party violates that duty, whether through action or inaction
- Causation – The violation causes the victim’s injuries and losses
- Damages – The negligence must have caused some injury to occur
In this context, a duty of care means that a person must conduct themselves reasonably to reduce risk to others. Generally speaking, motorists have a duty to follow traffic rules and prudently operate their vehicles. Violating this duty of care and causing injury is sufficient to establish negligence in a motorcycle accident case.
Examples of Negligence in Motorcycle Accident Cases
Below are just a few examples of negligence in hypothetical motorcycle accidents:
- A motorist turns left in front of an oncoming motorcycle
- A motorist changes lanes without looking and collides with a cyclist
- A driver is texting and drifts into the motorcycle’s lane
- A driver rear-ends a bike at a red light due to tailgating
- A truck doesn’t yield before merging and runs into a motorcycle rider
How Do You Prove Negligence in Motorcycle Accidents?
Proving negligence in a motorcycle accident case is a matter of proving the other motorist violated some standard of conduct and caused your injuries. An attorney can gather several types of evidence to prove your injuries and lack of fault, including:
- Photos and video recordings (e.g., CCTV, dashcam footage, etc.)
- Medical documentation concerning your injuries
- Physical and forensic evidence from the crash (e.g., paint chips, tire marks, etc.)
- Eyewitness testimony regarding accident events
- Accident reconstruction data and expert testimony
- Police accident reports
The more evidence you provide in a claim, the harder it will be for insurers to argue against your claimed version of events.
What If I Am Partially Negligent?
In many motorcycle accidents, a rider is also negligent and contributes to their own injuries. In these cases, Wisconsin’s comparative negligence laws apply. According to comparative negligence laws, when a victim is also at fault, their compensation is reduced according to the percentage of blame they share.
Here’s an example: Say your total losses from a motorcycle accident were $100,000, and you were 30 percent at fault. Your final award would be $70,000 after accounting for shared liability. In Wisconsin, as long as the other driver is 50 percent or more at fault for the accident, you can still recover financial compensation. An attorney can work to minimize your shared liability and maximize recoverable compensation in your motorcycle accident case.
Contact a Motorcycle Accident Attorney in Wisconsin Today
If you have injuries from a motorcycle accident, it’s vital to have an attorney on your side to protect your rights and interests. Motorcycle accident claims present several unique challenges compared to traditional auto claims, including concerns of shared liability and bias against cyclists. A motorcycle accident attorney from Warshafsky Law Firm can effectively pursue your claim and work toward a satisfactory resolution.
Contact Warshafsky Law Firm online to schedule a free case consultation with a motorcycle accident attorney in Wisconsin. We look forward to learning about your situation and fighting for the justice you deserve.
