Many believe motorcycle riders assume all risk of an accident when riding their bikes. As a result, motorcycles are sometimes not given the full respect they deserve on the road. In truth, motorcyclists have the same rights and obligations under the law as all other motorists.
For those injured while riding motorcycles, the best chance possible to obtain compensation for their injuries may be working with a Bronx motorcycle accident lawyer. The legal process can be confusing but a practiced injury attorney understands the rights of motorcyclists and can help you assert those rights.
The law provides equal protections to all people on the road, no matter the type of vehicle they are driving. Of course, this means that all drivers have the same responsibilities as well. Every motorist has a duty to watch out for the well-being of others on the road. This generally means driving in a safe and responsible manner.
When someone fails this duty and causes an accident, they may be found responsible and be required by law to pay for any damages that may occur. The most common way for a plaintiff to collect these damages is by claiming that the defendant was negligent in their duty to care for fellow motorists.
Negligence is a legal concept that requires the plaintiff to prove a set of elements. If a claim omits any of these elements, the claim will usually fail. These elements are:
Injuries in a motorcycle accident can be physical, economic, mental, and emotional. People may assume they will only receive compensation for direct costs, such as an ambulance trip and emergency room visit, but the ideal function of a civil lawsuit is to attempt to make the plaintiff whole again. In other words, to put them in the same position as they were before the accident happened. Under severe circumstances, this can include compensation for economic hardship as well as mental anguish. Common examples of these losses include:
Not every case can claim all of the above categories, but it is unusual for a motorcycle accident claim to end without some consideration for the emotional impact of the collision. A Bronx motorcycle accident attorney can help determine what areas of compensation may be appropriate for a claim based on the specific circumstances of the case.
A motorcycle accident can be a physically and mentally scarring experience. In addition to any physical injuries, you may be facing months or years of mental trauma that is the result of another driver’s negligence.
A Bronx motorcycle accident attorney understands the ramifications that a collision can have and could endeavor to make those effects clear in demand packages sent to insurance companies for compensation. Take a step towards holding negligent drivers responsible for their actions, and contact a determined lawyer today.