During the warmer months, the roads in and around Middlebury are filled with motorcyclists who come to enjoy the freedom of Addison County’s natural beauty. While riding represents freedom and pleasure for bikers, it comes with significant risks. The NHTSA reports that nearly 90,000 Americans suffer serious injury in motorcycle crashes each year.
Motorcycle accidents tend to result in serious injuries for several reasons. Bikes offer little protection for their riders. The potential for being knocked off a motorcycle and into the path of another vehicle represents a unique hazard.
When these injuries occur due to negligence, a rider has a right to financial compensation. An experienced Middlebury motorcycle accident lawyer, Drew Palcsik will help you develop a claim against the person or business who caused you harm.
You Have The Right to Sue
Every motorcyclist who suffers an injury due to negligence has the right to bring a civil lawsuit. That does not mean that the outcome of these claims is guaranteed.
You chances of success are improved with the help an experienced personal injury lawyer.
In order to prevail in a civil suit, you must meet your burden of proof for each of the elements of negligence. As your attorney, Drew will first show the defendant owed you a duty of care. All drivers owe other motorists including motorcycle riders the duty to drive responsibly and follow the rules of the road.
A failure to meet this burden is the second step in proving negligence. There are countless ways another motorist could act irresponsibly. Traffic violations like speeding or running a red light are also common. In the end, any careless act that causes harm is by definition negligence.
Drew will then prove how you suffered harm, called damages, following the accident. The court will only hold a defendant responsible for damages caused by their negligence.
Shared Fault in a Crash
Proving that the defendant was responsible for your motorcycle accident is not always easy. In some cases, you and the negligent driver involved in the crash could share in the responsibility for the accident. State law applies a standard known as modified comparative fault in this situation.
Under modified comparative fault, you can recover some measure of monetary compensation even if you were partially at fault for the motorbike crash. Under the standard of modified comparative fault, the courts will only bar you from recovering damages if you were primarily at fault.
Modified comparative fault could impact your financial recovery even in situations where you are 50 percent or less at fault. Each jury will determine a percentage of fault for you and the defendant. Then, based on your percentage of fault, the court will reduce your award based off of your percentage of fault.
Reach out to a Middlebury Motorcycle Accident Attorney Right Away
If you have been severely injured in a motorcycle accident, you could be facing serious financial hardship. The medical costs and other losses associated with these injuries are often overwhelming.
An experienced Middlebury motorcycle accident attorney, Drew Palcsik will help recover compensation for these losses from the person or business that caused the accident.