If you suffered injuries in a motorcycle accident, you may believe collecting compensation from the person responsible will proceed without a hitch. Unfortunately, many injured victims may be surprised to learn that getting the financial support you need after a collision may not be that easy. A vital part of any claim is holding the right person responsible. This can only be done by proving a driver’s negligence. But, there are other factors that make motorcycle claims challenging. Read on to learn the difficulty of proving motorcycle accident cases and how an attorney can help you. Contact us today to speak with an experienced Mississippi motorcycle accident lawyer!
Why Are Motorcycle Cases Hard to Prove?
Many injured victims may come to an attorney with the question, “Why are motorcycle accident claims so difficult to prove?” A qualified personal injury attorney understands the most common reasons motorcyclists have difficulty with their injury claims.
As they begin to pursue their claim for damages, many motorcyclists may discover that people hold a bias against them. A standard view is that motorcyclists are risk-takers. As a result, when these individuals are involved in auto collisions, there may be a presumption that the motorcyclist was at fault based on their chosen mode of transportation. Gathering relevant evidence after a crash refutes any bias that a victim may encounter from police officers, jury, insurance companies, and the liable party.
Insurance companies want to avoid paying claims or substantially minimizing payouts they should give victims. Insurance companies are known for enticing an injured victim into accepting an initial offer in the hopes they will accept. Insurance companies will usually make these offers before a victim has an opportunity to understand the breadth of their injuries and never cover the total value of their losses. An attorney can assist by taking over communications with insurance companies so a victim avoids facing pressure from an insurance adjuster’s settlement tactics.
Burden of Proof
Recovering compensation in a motorcycle accident requires proving the driver’s negligence that caused the collision. Mississippi follows a pure comparative negligence law when determining liability for accidents. Under this theory, a victim may recover compensation for their injuries even if they were 99% at fault for their accident, but their recovery will be reduced by the amount they were at fault. While this is good news for most accident victims, the person responsible for your injuries may argue you were also negligent in causing the accident in an attempt to reduce your recoverable compensation. Your attorney works to minimize any finding of negligence on your behalf so you get the total value of your claim.
There are a few reasons that answer the question, “Why are motorcycle accident cases hard to prove?” This doesn’t mean injured victims should give up on their claims. Speak to a qualified motorcycle accident attorney as soon as possible to explore your options for compensatory relief from the party that caused your injuries.
How Do I Prove Negligence?
Recovering compensation requires proving a driver’s negligence by establishing the four essential elements of a negligence claim.
You must prove that the driver owed you a duty of care. For example, all drivers on the road owe a duty to those around them to operate their cars safely and reasonably.
A breach occurs when a driver fails to operate their car reasonably. In the above example, if a driver were under the influence of drugs or alcohol and caused a collision, this behavior would be considered a breach of this duty of care.
A driver’s breach of their duty of care must have been the cause of your injuries. An example proving causation would exist in a situation where a drunk driver hit a motorcyclist, resulting in injuries and other losses, as the motorcyclist would not have sustained those injuries had the drunk driver not hit them.
The last element of a negligence claim requires establishing that you suffered damages in the collision, such as bodily injuries and damage to your motorcycle.
While the elements of a negligence claim appear straightforward, proving and supporting each element with necessary evidence is only possible with the help of a qualified personal injury attorney.
Since 1981, Harris Law Firm has been seeking justice for our clients. We take a deep interest in each case we handle and provide each client with top-quality legal representation. Our clients are never just another case file. We take the time to get to know you personally to determine how best to help you. Although a relatively small firm, we take on the most complex cases without hesitation. With a practice focused solely on representing individuals injured due to someone else’s negligence, we’ve obtained years of experience helping people when they need it most. Contact us today online or by phone to learn how Harris Law Firm can help you.