What Is Motorcycle Accident Negligence?

Although a sad reality, its widely accepted that motorcycle accidents are generally inescapable. Although motorcycle crashes can occur a number of different ways, the most common cause is due to the negligence of another driver. To be specific, motorcycle accident negligence refers to the failure of one party to use reasonable care when trying to avoid risking harm on another person.

When Is The Right Time To Consult A Motorcycle Accident Attorney

If you are a motorcycle crash victim, a motorcycle accident attorney on your side can bring forth a negligence lawsuit. A negligence lawsuit can result in compensation for your damages. The attorney is going to seek many important aspects to bring to light in your case, among those is finding who is at fault for the cause of the accident. The perfect time to consult with an attorney is undoubtedly right after the accident; however it’s important to understand that it is never too late.

Oftentimes, finding answers isn’t as easy and straightforward. As a result, these state statutes to aid in determining an answer.

Proximate Cause – States that the accident and injuries sustained by the plaintiff must be proven to be a direct result of the defendant’s negligence. The plaintiff’s attorney must allege this.

Assumption of Risk – As opposed to negligent behavior, this involved intentional behavior on behalf of the driver. In this case, the assumption of risk doctrine is used to defeat a negligence claim when the plaintiff voluntarily chooses to enter into a specific dangerous traffic situation and knew about the potential risks.

Burden of Proof – A party’s burden of proof is the obligation they have to provide sufficient evidence to support their position or claim. In the specific cases of motorcycle accidents, the plaintiff would present evidence so that a reasonable judge or jury will conclude that the defendant was negligent. It will be ruled that this negligence resulted in the accident and the plaintiff’s sustained injuries.

Different Types Of Motorcycle Injury Negligence

Contributory Negligence – If the defendant’s negligence is determined to be more severe in nature then that of the plaintiff’s own negligence (which must be seen as a proximate cause of the accident) the claim is defeated. This doctrine finds the plaintiff at fault when both the plaintiff and defendant are negligent in a motorcycle accident.

Comparative Negligence – This is a statute that allows comparison of negligence between both parties in order to determine how much damages should be awarded. This thereby reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff’s own negligence contributed to cause the injury.

Motorcycle Attorneys Are Standing By

The motorcycle attorneys at Rue & Ziffra, are experienced and dedicated. Our motto is “In Your Community, On Your Side”, as a firm with over 30 years experience. We proudly serve multiple areas throughout Volusia and Flagler Counties, including Port Orange, Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach, Palm Coast, DeLand, DeBary, Deltona, Bunnell, Sanford and greater Orlando, Florida.

Stop by our office 632 Dunlawton Avenue, Port Orange, FL 32127 or give us a call at 1-800-JUSTICE(587-8423)