If you have been injured in a motorcycle accident, you may be entitled to significant financial compensation. However, to recover damages, you must prove that another party’s wrongful actions caused your injuries. This is not always straightforward, which is why working with an experienced motorcycle accident lawyer can be critical to the success of your case.
How Liability Is Determined in a Motorcycle Accident
Like all personal injury claims, motorcycle accident cases are based on the legal principle of negligence. To prove negligence, you must establish all four of the following elements:
- Another person owed you a duty of care.
- They breached that duty of care by acting unreasonably under the circumstances.
- You suffered an injury.
- Your injury would not have occurred but for the other party’s wrongful actions.
Examples of Negligent Driver Conduct
- Making an illegal left-hand turn in front of a motorcycle.
- Following too closely, resulting in a rear-end collision.
- Distracted driving, causing the driver not to see a motorcyclist.
- Cutting off a motorcycle due to an improper or illegal lane change.
Who Can Be Held Liable in a Motorcycle Accident?
In most cases, the at-fault party is the driver of the other vehicle. However, liability may extend to others, including:
- Manufacturers of defective motorcycles or parts.
- Government entities that fail to properly design, maintain, or sign roadways.
- Other drivers whose reckless actions cause you to crash, even if they were not directly involved in the collision.
- Employers of negligent drivers if the accident occurred while the driver was on the job.
A skilled motorcycle accident lawyer will investigate the circumstances of your crash to identify all potentially responsible parties.
Challenges in Proving a Motorcycle Accident Case
Motorcycle accident claims often present unique hurdles:
- Gathering Evidence: Injured riders may struggle to collect crucial evidence on their own. An attorney can step in quickly to investigate, interview witnesses, and preserve evidence.
- Insurance Company Tactics: Insurers often attempt to shift blame onto motorcyclists, capitalizing on stereotypes that riders are inherently reckless. Overcoming these strategies requires strong evidence and an aggressive legal response.
What If the Insurance Company Denies Liability?
Insurance companies may deny your claim if they believe you lack sufficient evidence or if they argue that you caused the accident. However, insurers do not have the final say. If you believe another party was at fault, you have the right to file a lawsuit and present your case to a judge or jury. Every injured motorcyclist is entitled to their day in court.
Contact a Montgomery County Motorcycle Accident Lawyer at Bikers Have Rights
If you or a loved one has been injured in a motorcycle accident, you don’t have to take on the insurance companies alone. A Montgomery County motorcycle accident lawyer at Bikers Have Rights is ready to help. Call us today at 877-333-0300 or contact us online to schedule your free consultation. Located in Plymouth Meeting, Pennsylvania, we proudly represent injured bikers across Pennsylvania and New Jersey.