Proving Negligence After a Motorcycle Accident in New York
Accidents involving motorcycles usually result in severe injuries, leaving the victim facing physical pain, emotional trauma, and financial burdens. Fortunately, after a motorcycle accident, you may be eligible to file a personal injury claim against another driver and seek compensation for your injuries and damages. You can recover damages if you prove that the other driver was negligent. Understanding how negligence is established after a New York motorcycle accident and the types of evidence required can significantly impact the outcome of your claim.
What Is Negligence?
Negligence occurs when someone fails to exercise reasonable care, causing harm to another person. Usually, the “reasonable person” standard is used to determine if someone acted negligently. This standard considers whether a reasonable person in the same situation would have acted differently to avoid causing harm. If the answer is yes, the defendant may be considered negligent.
Generally, to prove negligence, you must establish the following four elements;
- Duty of Care: Individuals have a duty not to cause harm to others. For example, drivers must take reasonable care to avoid causing accidents.
- Breach of Duty of Care: This entails showing that the responsible party violated their duty of care.
- Causation: After proving the defendant violated their duty of care, you must show that the breach caused your accident.
- Damages: Finally, you must show that you suffered losses because of the accident, such as medical expenses and lost wages.
In the context of a motorcycle accident, negligence can involve a range of actions or inactions by another driver, including the following;
- Failing to yield the right of way
- Speeding
- Driving while distracted
- Driving while impaired
- Driving while drowsy
- Failure to check blind spots
- Following too closely
- Running a red light or stop sign
Given the lack of protection motorcycles offer, even what seems like a small mistake can have devastating consequences.
Evidence Needed To Prove Negligence in a Motorcycle Accident Claim
If you suffered injuries in a New York motorcycle accident because of another driver’s negligence, you must present compelling evidence supporting each element of negligence. The stronger your evidence, the higher your chances of recovering the compensation you deserve.
The following are some common types of evidence used in New York motorcycle accident claims to establish negligence;
- Photos and Videos: Pictures and videos taken at the accident scene can help tell a story of what happened. While the accident scene may change after your accident, photos and videos remain unchanged.
- Police Reports: When the police respond to an accident scene, they usually complete a report documenting the accident. A police report can include critical details such as traffic violations, witness statements, and the officer’s opinion on fault.
- Witness Statements: Statements from people who witnessed the accident, such as pedestrians, other drivers, or passengers in other vehicles, can help corroborate your version of events.
- Expert Testimony: In complex cases, experts such as accident reconstruction specialists or medical professionals can offer insights into how the accident occurred and the severity of your injury.
- Medical Records: Medical records can help support your claim for damages by showing the extent and severity of your injuries.
A qualified personal injury attorney can help you gather the necessary evidence to prove your claim.
Contact a Long Island Motorcycle Accident Lawyer
Our Long Island motorcycle accident lawyers at Jacobson Law, serving clients in Suffolk and Nassau counties, across Long Island, and throughout NYC, can help you with your motorcycle accident claim. Contact us today to schedule a consultation.
