Proving Fault in Motorcycle Accidents
Although many motorcycle accident cases may at first seem relatively straightforward, the vast majority are actually quite complex, requiring careful investigation, painstaking reconstruction, and a good deal of experience and knowledge of motorcycle laws. If you are a biker who has been seriously injured in a motorcycle accident, or if you have tragically lost a loved one in such an accident, you want to be certain that you are entrusting your case to a law firm with the resources to handle your case successfully.
The personal injury lawyers of Chanfrau & Chanfrau understand how to win cases. We know how to present the most compelling cases possible on behalf of our clients, building each one on a bedrock of solid evidence, expert testimony, and airtight arguments. If you or someone you love has been injured in a motorcycle accident, we encourage you to contact our skilled and experienced attorneys in Daytona Beach. Motorcycle accident cases are among our specialties, and you can expect no less than the most aggressive assertion of your rights.
For further information about how fault can be proven in motorcycle accident cases, please read on and then contact our personal injury law firm to schedule an evaluation of your case.
The Concept of Negligence
In order to prove fault in any personal injury case, including motorcycle accident cases, our motorcycle accident lawyers must be able to demonstrate that the defendant - the party or parties that caused the accident - behaved with negligence. This means that we must show that:
- The defendant owed a duty of care to the plaintiff (the injured motorcyclist filing the claim);
- The defendant breached this duty by acting in a way (or failing to act in a way) that a “reasonable” person would under the same circumstances;
- The breach of this duty resulted in an accident involving the motorcyclist;
- The motorcyclist was injured or killed as a result of this accident;
- The motorcyclist (or, in the event that the motorcyclist was killed, the family of the motorcyclist) suffered losses and expenses directly related to the accident.
The proof of fault on the part of the defendant occurs during the stage in which our lawyers present evidence that the defendant’s actions or inactions deviated from what a reasonable person would do under the same circumstances. This entails a careful collection of evidence, including:
- Eyewitness accounts
- Forensic evidence from the scene of the accident
- Expert testimony, as applicable
- Medical records
- Police reports
We will also use our resources to reconstruct the accident in order to demonstrate the defendant’s negligence.
By presenting this evidence in a cohesive, logical manner, we are consistently able to obtain the full measure of damages to which our clients are entitled, including compensation for:
- Medical bills
- Rehabilitation expenses
- Property damage
- Lost wages
- Pain and suffering
- In cases of wrongful death, future losses and expenses that can be reasonably projected
For further information about motorcycle accident litigation, or to arrange for an evaluation of your motorcycle accident case, please call or email the law firm of Chanfrau & Chanfrau today.