Motorcycle crashes devastate lives, and insurance companies often try to blame the rider. Attorney Skiber knows better. As an experienced motorcycle accident attorney serving Norwalk, Bridgeport, and Stamford, he fights back against unfair bias and wins fair compensation for injured riders.
Attorney Skiber personally handles your case with a proven approach:
- Immediate crash scene investigation
- Detailed documentation of road conditions and vehicle damage
- Expert reconstruction of the accident
- Aggressive defense against claims that you were at fault
- Maximum compensation for medical bills, lost wages, and pain and suffering
Our local expertise makes a difference. We know Connecticut roads, intersections, and traffic patterns where motorcyclists are most at risk. When drivers fail to respect motorcyclists’ rights, Attorney Skiber holds them accountable.
Understanding Motorcycle Accident Claims in Connecticut
If you have suffered a major injury in a bike wreck, a Norwalk, Bridgeport, & Stamford motorcycle accident lawyer could help. If your injuries resulted from the carelessness of another driver, you could have a viable claim for monetary damages. An experienced injury lawyer could bring a claim on your behalf to help you recover the compensation you are entitled to.
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Negligence in a Motorcycle Crash Lawsuit
Not every injured rider will have a claim for damages against another party. To have a viable claim for compensation, a motorcycle accident attorney must be able to demonstrate that another motorist caused the accident. To do so, a plaintiff generally must establish that the defendant was negligent. There are four elements that make up negligence, they include:
- A duty of care exists
- The defendant violated the duty they owed to the plaintiff
- This violation caused the plaintiff’s injuries
- The plaintiff’s injuries resulted in monetary damages
The Duty of Care
A defendant can only be considered liable for a plaintiff’s injuries if they owed the plaintiff a duty of care. Without a duty of care, the defendant is not responsible for a plaintiff’s injuries regardless of how severe they are. That being said, the duty of care is rarely at issue in a motorcycle accident since all drivers owe each other a duty to operate their vehicle safely.
Breach of the Duty of Care
Next, a plaintiff must show the defendant violated their duty of care. In a motorcycle accident, this may be by speeding, failing to yield the right of way, or driving while intoxicated.
Causation
The third step requires a plaintiff to prove the defendant’s breach of the duty caused their injuries. Any injuries unrelated to the defendant’s breach will generally not result in a viable injury claim.
Damages
Finally, the plaintiff must establish that they sustained damages in the crash. A person is not entitled to recovery in a collision caused by the defendant if they did not suffer any injuries. Common damages include lost wages, medical bills, and pain and suffering.
The deadline to file in Connecticut
Connecticut law generally gives you two years from the date the injury is sustained or discovered to bring a claim, and in most cases no more than three years from the act or omission complained of, even if the injury is discovered later. That deadline comes from Conn. Gen. Stat. § 52-584.
How shared fault affects your claim
Connecticut follows modified comparative fault under Conn. Gen. Stat. § 52-572h: when the victim and the defendant share fault, the court reduces recoverable compensation by the victim's percentage of fault, and a victim whose share of fault is more than 50 percent may not recover at all.
Frequently Asked Questions
When can a motorcycle accident lawyer help with a claim for monetary damages in Connecticut?
If your injuries resulted from the carelessness of another driver, you could have a viable claim for monetary damages. An experienced injury lawyer could bring a claim on your behalf to help you recover the compensation you are entitled to.
What are the four elements of negligence in a motorcycle crash lawsuit?
There are four elements that make up negligence: (1) A duty of care exists, (2) the defendant violated the duty they owed to the plaintiff, (3) this violation caused the plaintiff’s injuries, and (4) the plaintiff’s injuries resulted in monetary damages.
How is breach of the duty of care shown in a motorcycle accident case?
A plaintiff must show the defendant violated their duty of care. In a motorcycle accident, this may be by speeding, failing to yield the right of way, or driving while intoxicated.
What damages are common in a motorcycle accident claim?
Common damages include lost wages, medical bills, and pain and suffering.
What is modified comparative fault in Connecticut motorcycle accident cases?
Connecticut uses modified comparative fault. Under this theory, a plaintiff may recover compensation as long as they are no more than 50 percent at fault for the accident. Someone who is partially responsible may have their compensation reduced by their degree of fault; for example, a plaintiff who is 20 percent responsible may recover 80 percent of the damages.
Comparative Fault in Norwalk, Bridgeport, & Stamford
In some states, a plaintiff who is partially at fault in a motorcycle accident cannot recover compensation for their injuries. Connecticut has adopted a more reasonable standard known as modified comparative fault.
Under the theory of modified comparative fault, a plaintiff may recover compensation as long as they are no more than 50 percent at fault for the accident. The jury will not award damages to someone who was primarily at fault. However, someone who is partially responsible for the accident may have their compensation reduced by their degree of fault. For example, a plaintiff who is 20 percent responsible for an accident may only recover 80 percent of the damages established by their motorcycle crash attorney.
Discuss a Case with a Norwalk, Bridgeport, & Stamford Motorcycle Accident Attorney
Due to the severe nature of most motorcycle injuries, the potential recovery from an injury claim could be significant. That does not mean the process of obtaining the damages you deserve is simple. To recover the damages you are entitled to, you may benefit from the guidance of experienced legal counsel.
In many cases, the responsible driver will have the backing of an insurance company and their attorneys. You do not have to take them on alone. For help with pursuing the damages you deserve, contact a motorcycle accident lawyer today.