If you have suffered a major injury in a bike wreck, a Norwalk 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.
Not every injured rider will have a claim for damages against another party. To have a viable claim for compensation, a Norwalk 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 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.
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.
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.
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.
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 Norwalk motorcycle crash 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 Norwalk motorcycle accident lawyer today.