College Park, MD Motorcycle Accident Lawyer
Many Americans choose to use motorcycles as a primary mode of transportation. They do this because they have great fuel economy, are compact, and are simply plain fun to ride. Unfortunately, motorcyclists are just as likely to be the victims of a motor vehicle crash as someone driving another kind of vehicle. When these accidents happen, motorcyclists often get badly injured because they are less protected than someone driving a car, truck, or SUV, and those injuries can be very expensive to treat.
Our lawyers can help if you get hurt riding a motorcycle. We examine your claim, interact with insurance companies, and build an argument to take to court to get the compensation you need to recover. Our firm has the drive and the know-how to give you the best shot possible for a successful claim.
To have our team of motorcycle accident lawyers look over your claim, call Rice, Murtha & Psoras at the number (410) 694-7291.
Proving Fault in College Park, MD Motorcycle Accident Lawsuits
In order to be successful in your claim, you need to show that the defendant in your case was negligent. In law, someone is negligent when they act carelessly and hurt someone else as a result. Most of the time, the standard used will be what a reasonable person would do under the circumstances. Whether conduct is reasonable or not is frequently left up to the jury. Therefore, it is the job of our lawyers to show that you acted reasonably and the defendant did not.
To demonstrate that a defendant was negligent, we have to show four things. First, that the defendant had a legal duty; second, that they breached that duty; third, that they caused the motorcycle accident; and fourth, that you were, in fact, injured.
Duty
A legal duty is an obligation one party has to another. For most people, there is a general duty of care, meaning that individuals need to act in a way that is not likely to harm others. In the case of a motorcycle accident lawsuit, other drivers have a duty to drive responsibly, which means obeying traffic laws and not making dangerous moves on the road, among other things.
Breach
“Breach” refers to a failure by the defendant to uphold their duty. In a motorcycle crash, speeding, going through a stop sign or red light, driving under the influence, and other traffic infractions could be considered a breach of a duty to drive safely.
Causation
Causation is often the most fought-over element in any negligence claim. To prove that the defendant is liable for your injuries, you have to show not only that they actually caused them but that the defendant is what is known as the “proximate cause” of your injuries. This is a cause that is closely related to the accident.
For example, suppose a mechanic who works on your motorcycle screws up the braking system so that your motorcycle will not stop on time. You then go out on the road but, sadly, get impacted by a drunk driver. The facts of the case also determine that you tried to hit the brakes, but they did not work, and also that, even if the brakes did work, you would still have been hit. Here, even though the mechanic screwing up the brakes is a cause of your accident, it is not the cause because their liability is cut off by the actions of the drunk driver.
Injury
Finally, you must prove that you were actually injured in order to get damages. This can be done through medical records, witness testimony, photographs, or even your physical condition at trial.
What Damages Can I Recover in a College Park, MD Motorcycle Accident Lawsuit?
If you prove that the defendant was negligent, you can be awarded damages by the court. Damages are how courts try to “turn back the clock” for the defendant, placing them in a similar position to how they were before the accident took place. Often, the nature of a plaintiff’s injuries is such that literally doing this is not possible, so financial compensation is used as the next best thing.
Medical Expenses
You can have the defendant compensate you for any medical expenses you incurred because of the accident they caused. Hospital stays, medication, surgery, and various other treatments can be incredibly expensive. Accordingly, the court can have the defendant pay for them if they are the reason you underwent those medical procedures.
Lost Wages
You can also be compensated for lost potential income. For example, if you had to take time off work to recover from your injuries, you can receive financial compensation based on what you could have earned during that time. Alternatively, if you had to take a less lucrative position or stop working altogether, you can be compensated based on that monetary loss.
Pain and Suffering
Damages can also include things that are less concrete. You can be financially compensated for the pain and mental suffering the defendant inflicted on you, even though there is no bill for that kind of thing.
Motorcycle Stereotypes in College Park, MD
There are a lot of unfair stereotypes associated with people who ride motorcycles. Many will categorize motorcyclists as dangerous thrill-seekers with no regard for their own safety. This, of course, is not true. Many people who choose to ride motorcycles are incredibly safety-conscious and protective of themselves and their rides.
A canny defense attorney may try and use this characterization of motorcyclists against you in court to try to sway the jury, but our motorcycle accident attorneys will make sure that you are treated fairly and not portrayed in an inaccurate manner.
Speak to Our College Park, MD Motorcycle Accident Attorneys Right Now
Rice, Murtha & Psoras’s motorcycle accident attorneys are here to help you with your claim when you contact us at (410) 694-7291.