Every accident is different, and therefore the evidence you will need for your motorcycle accident lawsuit will be unique to your case. However, some general things need to be proven if you’re going to win your case and be compensated.
You will need to prove duty of care was owed to you and show how it was breached. To do this, you will need to show that the other party did not act reasonably and that their actions led to your accident and injuries.
Identifying Duty of Care & Breach
There’s a legal duty of care owed to you if somebody else’s actions, or lack thereof, puts you at an unreasonable risk of injury. For example, a driver who is speeding and weaving in and out of traffic isn’t exercising the same level of care that a sober and cautious driver would use. If that speeding driver hits you, they’ll have breached their duty of care.
To win your motorcycle accident lawsuit, you will need evidence to support your claim that the other party breached their duty of care. This might include eyewitness testimony, photos or video footage of the scene, and police reports. Your testimony about what happened and how it has affected you can also be powerful evidence.
Proving a Breach & Liability
Once you have shown that the other party owed you a duty of care and breached it, you will also need to prove that it was this breach that caused your accident and injuries. This is known as causation. To do this, you will need evidence such as medical reports documenting your injuries, expert testimony about how the accident happened, and evidence about the other party’s actions leading up to the accident.
For example, if the other driver was speeding, you might obtain their speeding ticket or get testimony from witnesses who saw them driving recklessly.
Calculating Damages & Compensation
After proving liability of the other party, damages will be calculated to determine the amount of compensation you are owed. This will consider economic damages, which can be quantified in the form of expenses. And non-economic damages, which, although much harder to quantify, usually take the form of pain and suffering (including emotional distress) and lost enjoyment in living.
Sometimes, when the defendant was particularly careless or reckless, you might also be awarded punitive damages. They specifically serve to punish the driver and discourage other drivers from engaging in similar actions.
The legal procedures are daunting to anyone not experienced with the law. However, if you’re a victim, it is important to seek legal counsel to ensure you’re compensated. A legal team experienced in motorcycle accident cases will know what evidence is needed and how to obtain it. They will also advocate on your behalf.
Not every motorcycle accident is the same, so the evidence you need for your motorcycle accident lawsuit might be different from others. However, a few general things that you will need to prove include duty of care, breach, causation, and damages. With the help of a professional, you can ensure that you have the best chance of winning your case and receiving the compensation you deserve.