Proving Fault in Motorcycle Accident Cases By Worby Vecchio Edelman, LLP on August 23, 2013

Proving Fault in Motorcycle Accident CasesWhen you or someone that you love has been injured in an auto accident, it must be taken very seriously. These kinds of collisions can result in major changes to your overall well being and quality of life. This is especially true of motorcycle accidents. Many people who have been injured in motorcycle accidents are never the same, which is why teaming with skilled personal injury attorneys is so crucial to ensuring that you receive the damages that you need to recover.

Why Motorcycle Accidents Are So Serious

As our auto accident attorneys point out, motorcyclists are more exposed to potential injury and harm than other people on the road. (Save for pedestrians and bicyclists.) A motorcyclist is much smaller than other vehicles, and even a good helmet and riding jacket are only so much protection against serious collisions.

It should come as no surprise that common injuries from motorcycle accidents can include:

  • Broken bones
  • Serious contusions
  • Major lacerations
  • Neck injury
  • Spinal cord injury

What does "fault" refer to?

When referring to "fault" or an "at-fault party," we are simply talking about the person who is responsible for the accident occurring and the injuries taking place. The responsible party is shown to have demonstrated negligence. This is sometimes harder to prove than you think, but it's a critical part of determining damages and seeking justice.

Examples of Negligence in Motorcycle Accident Case

One example of negligence in motorcycle accidents is when a driver fails to check his or her blindspot when merging or changing lanes. This leads to many accidental collisions with motorcyclists on the road.

Another example of an at-fault party is a person who is driving while under the influence of drugs or alcohol. With decision-making skills and reflexes impaired in that manner, they need to be held accountable for any damage or injury that is caused.

Whatever the case, be sure to speak with a personal injury lawyer as soon as you are able. This will set the wheels in motion and allow you to collect the damages that you are entitled to.

The Process of Assessing Fault

Before moving forward with a personal injury or wrongful death lawsuit, it's important that your attorneys determine who's at fault. This will involve looking at medical records, police records, and any evidence gathered to help recreate the events of the accident. By finding out exactly what happened, we can hold those responsible accountable.

Why This Process Is Crucial

When we determine who the negligent party was in an auto accident, we may find out that a third party or an additional party was also at fault. In those cases, we will adjust our legal strategy to seek justice.

For example, if you experienced a motorcycle collision with a motorist who collided with the motorcycle because of poor brakes or a mechanical failure of some kind, that motorist may not be to blame. Instead, the vehicle manufacturer or parts manufacturer may be partly or wholly to blame for the severity of the accident and injury and should this be held accountable.

Learn More About Auto Accident Lawsuits

If you or someone that you love has been injured in a serious auto accident, be sure to contact our White Plains, New York personal injury lawyers today. By speaking with our legal experts, you will be able t receive the help you need to receive just compensation for injuries and other losses.

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Team at Worby Vecchio Edelman LLP

Worby Vecchio Edelman LLP

The personal injury attorneys at Worby Vecchio Edelman, LLP, have advocated for the rights of injured clients for over 40 years. Our attorneys' affiliations and recognitions include:

  • Super Lawyers
  • New York State Trial Lawyers Association
  • American Trial Lawyers Association
  • New York State Bar Association
  • Westchester County Bar Association
  • American Academy of Trial Attorneys (Premier 100)
  • New York State Trial Lawyers Association

To schedule a free consultation at our law office, contact us online or call (914) 686-3700.

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