Cheshire Motorcycle Accident Lawyer
There are many benefits for riding a motorcycle. Riders could save money on gas, reach their destination quicker, and increase their overall enjoyment of their commute. Unfortunately, due to the lack of protection afforded to riders, they are susceptible to sustaining serious injuries.
If you suffered injuries in a motorcycle crash, call a practiced personal injury attorney right away. Depending on the circumstances of your crash, you might have a claim for monetary damages. For a thorough review of your case, reach out to a Cheshire motorcycle accident lawyer immediately.
Establishing Fault in a Motorcycle Crash Lawsuit
When a motorcycle accident lawyer in Cheshire files a lawsuit, they would only recover damages on behalf of a claimant if they establish the defendant was responsible for an accident. To do that, the plaintiff and their legal counsel must establish that the defendant’s negligence led to the crash. Negligence has four elements:
- Duty of care
- Breach of the duty of care
Duty of Care
Every injury case begins with a duty of care. If a defendant does not owe the plaintiff a duty to act reasonably, a plaintiff would not have a viable injury claim regardless of how careless the defendant might be. However, proving a defendant had a duty of care is rarely at issue in a motorcycle crash. In these cases, a driver always owes other motorists a duty to operate their vehicle safely.
Breach of the Duty of Care
Once the plaintiff shows the defendant owed a duty of care, they must next establish the defendant breached that duty. In a motorcycle accident, there are many ways to violate a duty of care. When another motorist is careless or reckless behind the wheel, it can lead to a breach. Some examples include driving while intoxicated, driving too fast for the conditions, or merging illegally.
Even when a defendant breaches their duty of care to another person, they are only responsible for damages that result from that breach. In other words, a plaintiff may not recover for injuries stemming from a source other than the accident.
Finally, a Cheshire attorney handling a motorcycle crash case must establish they suffered damages following the breach. Bodily injuries and property damage stemming from a motorcycle accident are typical examples of damages.
Sharing Fault with the Liable Party
In some cases, a Cheshire motorcycle accident lawyer has little trouble proving the other driver was entirely at fault. However, in other cases, the plaintiff might share in some of the blame for the accident. Connecticut law allows a plaintiff that is partially responsible for their injuries to recover compensation in some circumstances, but not in others.
The state has adopted a legal theory known as modified comparative negligence. Under this rule, a plaintiff may not recover compensation if they were more at fault for the accident than the other parties involved. In other words, if a plaintiff is found to be less than 50 percent responsible for a crash, they may still pursue compensation for their injuries.
The modified comparative negligence rule also impacts the amount damages available to a plaintiff. Under the law, a jury must reduce the amount of damages awarded to a plaintiff by their degree of fault. That means a plaintiff that was 20 percent responsible for a crash may recover no more than 80 percent of their damages from the other party. For help with recovering damages, reach out to an accomplished lawyer.
Speak with a Cheshire Motorcycle Accident Attorney Right Away
The process of recovering from motorcycle accident injuries can be a long, challenging road. Thankfully, you do not have to take on this challenge by yourself.
An experienced Cheshire motorcycle accident lawyer could make the litigation process simpler for you by assisting with compiling your medical bills, reviewing police reports, and filing a lawsuit on your behalf. To get your case started, schedule a consultation today.