If someone else was negligent and caused your motorcycle accident injuries, you can sue for your damages. Your case must establish the defendant’s liability for your damages.
To establish liability, you must prove four things:
- Duty of care
Step One: Defendant Owed You a Duty of Care
Every driver owes a duty of care to other road users, including motorcyclists. So, if another driver caused your accident, that driver owed you a duty of care.
Keep in mind that not all defendants in motorcycle accident cases are other drivers. If the driver who caused your accident was working at the time of the wreck, the driver’s employer may be vicariously liable for its employee’s actions. In that case, the employer may be liable for your injuries.
Step Two: The Defendant Was Negligent
Drivers who drive recklessly or negligently breach their duty of care. That is, they are acting negligently. Some common types of negligence include:
- Failing to check for motorcyclists before changing lanes
- Running a red light or stop sign
- Distracted driving
- Drunk driving
Step Three: Defendant’s Negligence Caused the Motorcycle Accident
Simply proving the defendant was negligent is not enough to prove liability; you must also show that the defendant’s negligence caused your motorcycle accident and injuries. We may rely on accident reconstruction specialists, medical experts, accident reports, and other evidence to establish causation.
Step Four: You Suffered Damages
We must show that you sustained damages. Once we establish that you suffered physical injury, we can seek additional damages for noneconomic losses, like pain and suffering. We can also pursue compensation for your economic losses, including:
- The cost of medical care. Examples include the ambulance, emergency room, doctors, hospital, surgery, physical therapy, and prescription drugs.
- Lost income to reimburse you for wages, salary, and other income you lost while recuperating from your injuries.
- Long-term care and assistance if your injuries render you unable to perform daily functions without assistance, or you need ongoing medical care.
- Decreased earning potential to compensate you if you are unable to earn as much money after the wreck because of your injuries, or disability if you cannot maintain gainful employment.
Every motorcycle accident settlement is different and depends on the specific physical, emotional, and financial damages you suffered because of your accident.
Who We Can Sue for a Motorcycle Accident
People often make the mistake of thinking that they can only sue the other driver in an accident. If they do so, they might miss out on valuable compensation from another party who might have legal liability for the harm they suffered.
Some other parties we might be able to sue for a motorcycle accident may include:
- The manufacturer of brakes, tires, or other vehicle parts in either vehicle, if defects contributed to the crash.
- A passenger inside the vehicle, if that person’s negligence caused the wreck.
- The government agency responsible for building and maintaining the roadways, if unsafe design or conditions caused your wreck.
- Any other person, company, or entity whose negligence was at least partly to blame for your motorcycle accident.
Call the Law Office of Jason R. Schultz for help identifying the liable party. We offer free case consultations.
Do Not Sit on Your Rights After a Motorcycle Accident
If you wait too long after the accident, the law will not allow you to file suit, and you will lose your right to compensation for your injuries. Georgia law imposes deadlines for lawsuits, and if you miss the deadline, no one can help you.
Do not delay. Call the Law Office of Jason R. Schultz, PC today, and we will set up your free consultation to discuss your motorcycle accident and help you take legal action. You can reach us at 404-474-0804.