Riding a motorcycle comes with significant risks. Unlike cars or trucks, a motorcycle offers little in the way of protection during a collision. Riders also face the risk of falling from a bike, skidding on pavement, or even falling in the path of oncoming traffic.
When such an accident occurs due to another person’s negligence, you might benefit from a consultation with a practiced injury attorney. An Augusta motorcycle accident lawyer could advise you on the strength of your claim and answer questions related to the litigation process.
Before an Augusta motorcycle crash attorney may recover compensation on behalf of a plaintiff, they must demonstrate that the defendant was responsible for the accident and subsequent injuries. To do so, they must establish all four elements of legal negligence: a duty of care, breach of the duty of care, causation, and damages.
In any negligence claim, the plaintiff’s case begins with establishing that the defendant driver owed the plaintiff a duty of care. A duty of care is a legal obligation imposed on an individual to act reasonably and safely when performing tasks that could potentially harm others. In a motorcycle accident lawsuit, it is assumed that all drivers owe one another a duty to drive safely.
Once a plaintiff demonstrates the defendant owes them a duty of care, their next step is to prove the defendant breached that duty. A breach typically involves a careless, reckless, or wanton act that injures the plaintiff. Typical examples of breaches that may lead to a motorbike wreck include speeding, driving while distracted, or failing to yield.
The third element of negligence is causation. To prevail at trial, a plaintiff must connect their injuries directly to the defendant’s breach of duty. A defendant is ultimately only responsible for injuries their negligence caused.
Finally, to recover monetary compensation from the defendant, a plaintiff must have suffered a compensable injury in the motorcycle accident. Without compensable damages, a plaintiff does not have grounds for recovering money from the defendant. A plaintiff may also recover non-economic damages for pain and suffering or decreased quality of life.
Liability is not always simple to establish in every motorcycle accident. While many collisions occur due to the negligence of a single driver, some crashes occur as a result of shared fault among multiple drivers. When retained for a case, it is the job of a motorcycle crash lawyer in Augusta to establish that the defendant was primarily at fault for a motorcycle crash.
Georgia state law allows a plaintiff to pursue damages against a defendant as long as they are less than 50 percent at fault. However, a court would reduce the plaintiff’s recoverable damages by the percentage of fault they bear. For example, a motorcycle rider that was 30 percent at fault would be able to recover for 70 percent of their damages at most.
If you suffered injuries in a motorcycle accident, you might have serious physical and mental pain, as well as new financial burdens. Through a motorcycle crash claim, you may be entitled to seek compensation from the person liable for your injuries, but filing a claim can be complex.
An Augusta motorcycle accident lawyer could help you through every step of the process. Call today to discuss your case and receive the help you need to maximize your financial recovery.