Motorcycle Accidents

Duty – In certain circumstances, people have a responsibility, or duty, to ensure that others do not come to harm. All drivers have this duty to protect other drivers and pedestrians when they are behind the wheel. Because of this, the duty element is not often contested in a motorcycle accident negligence case.

Breach – The plaintiff must demonstrate that the defendant’s actions, or lack of actions, caused the defendant to fail in their duty to protect others from harm. Examples of this can be speeding, rear-ending, or improper lane changes.

Cause – It must be proven that the accident was the proximate cause of the injuries. Insurance companies will often attempt to argue that the injuries were not caused by the accident.

Scope – The plaintiff must show that the injuries were foreseeable from the defendant’s negligence. This is generally not at issue in a motorcycle accident case as collisions between motorcycles and other vehicles are expected to result in potential injury.

Damages – A plaintiff must be able to show that there are physical injuries resulting from the defendant’s negligence.

Accident Scene Evidence: This includes photographs or videos of the accident scene, skid marks, vehicle positions, and any road conditions that may have contributed to the accident.

Eyewitness Statements: Statements from individuals who witnessed the accident can provide valuable accounts of what transpired and help establish liability.

Police Reports: The official police report filed at the scene of the accident can contain important details, statements from involved parties, and the officer's assessment of the accident.

Medical Records: Documentation of your injuries, medical treatment received, hospital records, and any follow-up care will be important to establish the extent of your injuries and the impact on your well-being.

Expert Opinions: Testimony from accident reconstruction experts or medical professionals can help analyze the accident circumstances or provide insights into the cause and severity of your injuries.

Surveillance Footage: If available, any video footage from traffic cameras, nearby businesses, or private surveillance systems that captured the accident can provide valuable evidence.

Vehicle Maintenance Records: If mechanical failure is suspected as a factor in the accident, maintenance records and expert analysis of the involved vehicles can help establish liability.

Witness Testimonies: Statements from individuals who observed the accident or have knowledge of the circumstances leading up to it can support your claim.

Your Personal Account: Your detailed recollection of the accident, including what you remember leading up to the collision, can be significant in establishing liability and the impact of the incident on your well-being.

Financial Documentation: Keeping records of your medical expenses, rehabilitation costs, lost wages, and other financial losses can help establish the economic damages resulting from the accident.