Evidence will make or break a personal injury case. To prove a car driver was responsible for your motorcycle accident, you need photos, videos, medical records, police reports, and other evidence that proves that the motorist was negligent. A motorcycle accident lawyer in Rancho Cordova, CA will help you gather evidence to support your argument.
Triumph Law, P.C. has the top personal injury litigators in Rancho Cordova on staff. Our Rancho Cordova motorcycle accident lawyer will compile evidence that shows a negligent driver was at fault in your crash. To get started, reach out to us.
What It Takes to Establish Fault in a Motorcycle Crash Lawsuit
When someone chooses not to do what a reasonable person would, they are negligent. Ultimately, negligence is relative. What constitutes negligence in a motorcycle crash case depends on four factors:
1. Duty of Care
A duty of care is a legal obligation to avoid careless acts that could put someone in danger. For example, an individual must be at least 16 years old and meet other requirements before they can get a driver’s license in California. If a person meets these requirements and receives their license, they must follow the rules of the road, since they have a duty of care to other motorists and pedestrians.
2. Breach of a Duty of Care
A duty of care is breached when a person does not act in a reasonable manner. For instance, a driver may knowingly drive through a red light and crash their vehicle into a motorcycle rider. In this instance, the driver broke the rules, violated their duty of care to the rider, and caused an accident.
In a motorcycle crash lawsuit, the plaintiff must show that they would not have suffered any losses if the defendant did not violate their duty of care. This is difficult, but evidence helps. A Rancho Cordova motorcycle accident lawyer helps you figure out what evidence will work best to prove causation.
Economic, non-economic, and exemplary damages may be awarded if you have suffered losses due to the fact that the plaintiff in your motorcycle crash case was negligent. A judge or jury will award economic and non-economic damages for quantifiable and subjective losses, respectively. Exemplary damages are provided to deter an at-fault party from acting recklessly once again.
A body of evidence helps you prove all of the elements of negligence were present at the time of your motorcycle accident. The team at Triumph Law, P.C. will take a look at your case and help you collect and evaluate evidence as well. For more information, please get in touch with us.
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Types of Evidence that Will Help You Prove Negligence
If you are involved in a motorcycle crash and have your smartphone with you, use it to take photos and videos of the accident scene. You only get one chance to capture on-site evidence. Make the most of this opportunity by capturing photos and videos of any damage to your motorcycle and your injury.
When you get medical treatment for your motorcycle collision injuries, track your medical records. Get records relating to the severity of your injuries and the costs to treat them. Continue to get treatment for as long as you need it, and continue to build your body of evidence.
If anyone saw your crash, get their contact information, since these witnesses may be willing to provide statements or testify on your behalf. Police officers who come to the scene of your collision will collect witness statements and information from you, too. They will then put together a police report that details what happened during your crash, and you can add this report to your body of evidence.
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How a Car Driver Will Try to Blame You for a Motorcycle Crash
California is a “pure comparative negligence” state. If you get into a motorcycle collision and are partly responsible for it, you can still hold an at-fault motorist responsible for your damages. At the same time, a driver may try to use comparative negligence against you to avoid having to cover all of your accident-related losses.
Along with this, an at-fault motorist or their insurance company may contact you just days after your collision. Even though you are still recovering from the incident, the driver or their insurer may push you to accept a settlement. If this happens, be cautious, as the settlement offer you get is likely to be far less than what you could receive if you bring your case to trial.
Be careful about what you say about your crash after it happens. If you accept any responsibility for the collision, the motorist responsible for it will use this against you. Fortunately, when you have a motorcycle accident attorney in Rancho Cordova who has received many positive client reviews at your side, you can let your lawyer speak for you.
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What to Expect When You File a Motorcycle Accident Claim
You have up to two years from the date of your motorcycle collision to seek damages, per California’s statute of limitations for personal injuries. This statute is one year if you discover your injury at a later time. In either scenario, do not wait too long to sue an at-fault motorist — if you do, you risk losing the opportunity to get compensation.
After you submit a motorcycle accident lawsuit, expect negotiations. You and your lawyer will negotiate with the defendant and their attorney. Ideally, you will reach a settlement.
If you do not get a settlement offer that matches your expectations, your case goes to trial. Your lawyer advocates for you and protects your legal rights during your trial. Leading up to your trial, your attorney answers frequently asked questions and many others and makes sure that you are fully prepared for your courtroom proceedings.
File Your Motorcycle Accident Lawsuit
If you are the victim of a motorcycle crash caused by a negligent motorist, Triumph Law, P.C. will help you out. Our motorcycle collision attorney will prepare an argument that makes it clear that the defendant was negligent. To schedule a case consultation, contact us today.