New Haven Motorcycle Accident Lawyer
Being involved in a motorcycle accident can be a frightening situation. On top of the physical vulnerability that a rider faces when involved in an accident, the anxiety associated with riding again can be traumatizing. The injuries that can be suffered by motorcycle riders are significant.
New Haven motorcycle accident lawyers work with clients who have been injured in accidents with both compassion and aggressiveness to obtain the compensation that they deserve. Contact an experienced injury lawyer right away if you have been involved in an accident and would like to seek compensation.
Legal Basis for a Motorcycle Accident Claim
Most motorcycle accident cases revolve around the legal concept of negligence. Negligence is the idea that certain people owe a duty to protect others, and by an action that they take, cause harm to come to others. There are five portions, or elements, that must be met for a successful negligence claim:
- Duty – In certain circumstances, people have a responsibility, or duty, to ensure that others do not come to harm. All drivers have this duty to protect other drivers and pedestrians when they are behind the wheel. Because of this, the duty element is not often contested in a motorcycle accident negligence case.
- Breach – The plaintiff must demonstrate that the defendant’s actions, or lack of actions, caused the defendant to fail in their duty to protect others from harm. Examples of this can be speeding, rear-ending, or improper lane changes.
- Cause – It must be proven that the accident was the proximate cause of the injuries. Insurance companies will often attempt to argue that the injuries were not caused by the accident.
- Scope – The plaintiff must show that the injuries were foreseeable from the defendant’s negligence. This is generally not at issue in a motorcycle accident case as collisions between motorcycles and other vehicles are expected to result in potential injury.
- Damages – A plaintiff must be able to show that there are physical injuries resulting from the defendant’s negligence.
Another important aspect of a negligence claim is the statute of limitations. In Connecticut Statute 52-584, a plaintiff has only two years to file a claim in court after the accident. This is a short period of time, so it is important to contact a New Haven motorcycle accident lawyer right away.
Aiding a Claim
In all lawsuits, especially motorcycle accidents, documentation is extremely important. The first piece of evidence considered by insurance companies is the police report. Whenever there is an accident involving a motorcycle, the police officer on the scene will produce a report. This report is an impartial retelling of what happened.
Because of this, it is given great weight by both insurance companies and courts. Another form of important documentation is medical records and bills.
Whether injured individuals visit a doctor, a chiropractor, or a physical therapist, they should make it known that they are visiting because of a motorcycle accident. Medical records are strong evidence of injuries and the bills help document the extent of monetary damages.
How a New Haven Motorcycle Accident Attorney Can Help
Victims in motorcycle accidents have enough to worry about with recuperating from their injuries. New Haven motorcycle accident lawyers help clients in the recuperative process by handling paperwork with insurance companies, gathering documentation from doctors, and creating demand packages in an attempt to settle the case out of court.
With proper documentation, many cases are settled before going to court, but if a lawsuit does need to be filed, litigators will guide you every step of the way and stand by your side.