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If you were the victim of a motorcycle accident, you will likely suffer serious injuries and incur medical bills and other losses. You have the right to file a personal injury lawsuit against the negligent driver and other parties. However, it will be your responsibility to prove who was responsible and how the accident occurred.
Establishing liability is no easy task, but having seasoned legal counsel will make a difference. Find out why Long Island motorcycle accident victims trust the personal injury attorneys of Dell & Dean PLLC.
The Elements of a Negligence Claim
Motorcycle accident victims have the burden of proof when it comes to filing a personal injury lawsuit. They will need to establish the following four elements of a New York negligence claim:
- Duty of care: All drivers owe a duty of care to everyone else who uses the state’s roads and highways, including motorcyclists. This element is sometimes relatively easier to prove than others.
- Breach: A breach is a negligent act or omission that violates the duty of care. An example is driving while under the influence of alcohol.
- Causation: Next, the victim must show that the breach caused the accident. For instance, driving drunk must have directly caused the at-fault motorist to crash into the motorcyclist.
- Damages: Finally, the victim needs to demonstrate the nature and amount of their damages. Among these are medical bills, lost income, pain and suffering, and more.
If you are a motorcycle accident victim in Long Island, proving the above elements is critical. You will need compelling evidence to substantiate each point and refute any arguments the at-fault party may come up with.
What Evidence Will You Need?
Using the discovery process, along with evidence you already have, you can prove the elements of a negligence claim. The evidence in your case may include:
- Photos and videos: You should take pictures and record videos of the accident scene, being sure to include sufficient details in each image. Do the same for your injuries.
- Eyewitness statements: If there were any witnesses to the accident, get their names and contact information. They can provide valuable court or deposition testimony.
- Personal notes: You should write down as many details as you can remember about the events leading up to and right after the accident. Also, keep a journal about your injuries, pain, and other consequences of the accident.
- Police report: After an accident, it’s important that you call 911 and report it. Police in Long Island should respond and document the crash in a report.
- Expert witness reports: You might need an expert witness to help establish causation. For example, an accident reconstructionist can show how the at-fault party was liable.
- Medical records: Included here are medical bills and proof of the treatments you’ve had to date. You might also need doctors’ notes and expert opinions pertaining to reasonably estimated future medical needs.
Overcoming Bias in Your Long Island Motorcycle Accident Claim
An important step in proving your claim is overcoming bias from insurance companies and jurors. These parties sometimes view motorcycle riding as inherently dangerous, and see victims as bringing the accident upon themselves. Of course, this is an unfair bias that can easily prejudice someone against the damages you deserve.
It’s important that your Long Island motorcycle accident attorney understand how best to challenge such assumptions. By humanizing you as the victim, and demonstrating how careful you were (and, by contrast, how negligent the at-fault driver was), you can overcome bias.
How an Attorney Can Help You
Besides working to confront and dismantle unfair biases, a motorcycle accident attorney can assist you with:
- Identifying all potentially liable parties (including, but not limited to, other drivers)
- Obtaining the evidence you need to prove the elements of a New York personal injury claim
- Using the discovery process, once a lawsuit is filed, to gather more evidence
- Communicating with the insurance companies on your behalf
- Determining the value of the damages you deserve
- Retaining expert witnesses who can help with your claim
- Negotiating and mediating a fair settlement, if possible
- Applying our understanding of the relevant laws and procedures to your case
- Taking your case to court in Long Island if the insurance companies refuse to fairly negotiate
Ready To Serve You and Your Family
After being in a motorcycle accident, you will understandably be concerned about the future and your right to compensation. Let Dell & Dean PLLC ease this stress for you and your family by handling the legal aspects of your claim. Connect with us now to get started.
