Negligence law can apply to any injury or damage sustained in a motorcycle accident. Negligence is usually defined as the failure to use care concerning another person’s safety or well-being or not doing something you are required by law.
In the case of a motorcycle accident, negligence requires all actors to have engaged in a sufficient amount of care that they should have foreseen and avoided the accident.
Duty to Exercise Due Care
The injured party must demonstrate that the other driver was obliged to use reasonable care in the situation. For example, all motorists on the road have a duty to practice safe driving and obey traffic rules. They are responsible to ensure their own safety and the safety of others.
Actual Breach of Duty
The actual breach of duty, also known as objective liability, refers to when the vehicle driver’s failure to use reasonable care causes harm or injury. Usually, this element is inferred from the circumstances presented in a case. For example, speeding and running a red light would imply an action without due care and thus a breach of that duty.
Causation means establishing a causal link between a negligent act and the accident that resulted in injuries. To have a viable case, the plaintiff must prove that the breach of duty has directly caused the accident, and the defendant is thus responsible for the injuries and damage suffered.
Suppose a motorcyclist is injured in a collision, the failure of the driver to exercise due care caused or contributed to the injury by failing to act reasonably. Similarly, suppose a motorcycle rider runs a red light and is hit by an oncoming car. In that case, it would not be a breach of duty if the driver had no reason to avoid that intersection and is not liable for any injuries.
The proximate cause of a motorcycle crash is the actual cause that led to the motorcycle accident. It does not refer to how the crash happened; it is what started or contributed to the motorcycle accident.
If a driver runs through a red light and causes an injury, it does not matter if they got in the middle of an intersection without having any reason for doing so. To establish that negligence was present, the defendant must be identified as the person responsible for causing or contributing to the injury.
Legally Recognized Damage
The victim or plaintiff must prove that they suffered an injury caused by another party’s negligence. For example, if a motorcycle rider is hit by another automobile, any injuries sustained must have been caused by the motor vehicle and not a pre-existing condition.
If you were involved in a motorcycle accident it is crucial to seek medical care immediately. Even if you feel fine, you may have injuries with a delayed onset. Furthermore, a doctor’s consult will provide valuable evidence in support of your injuries. Motorcycle accident lawyers in Memphis can help you prove damages.
For a motorcycle rider to recover damages from another party’s negligence, there must be some degree of fault. For example, a motorcyclist who fails to stop at a stop sign and is hit by another car will still be compensated for their injuries if the other driver is speeding. However, the injured motorcyclist would not recover for any damages sustained if they were speeding.
The final element is proof that the plaintiff suffered a loss due to another person’s negligence. It could be in medical bills or emotional suffering from injuries; it is necessary to prove that the harm sustained was caused by the defendant’s actions.
Victims may also recover loss of income or vocational ability from the accident; in effect, this involves proving that the plaintiff suffered a loss of their earning capacity.
Negligence in motorcycle accident cases is essential for a motorcycle accident case in Memphis. Understanding that negligence is rooted in the breach of duty or obligation to exercise reasonable care will help identify the at-fault party.
Leland D. Bengtson
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.