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While Palm Beach Gardens offers motorcyclists beautiful scenery for their rides, it also comes with a significant risk of injury. The heavy traffic in the area leads to increased accidents, and motorcyclists may bear the worst of these collisions.
If you are involved in a motorcycle accident, you could benefit from the guidance of skilled personal injury attorneys at Kogan & DiSalvo. With the help of our legal counsel, you may have the opportunity to hold the at-fault driver accountable. Additionally, Palm Beach Gardens motorcycle accident lawyers could assist you in recovering financial compensation for your injuries.
Establishing Negligence in a Motorcycle Crash Lawsuit
To succeed in trial, Palm Beach Gardens motorcycle accident attorneys must demonstrate to the court that another motorist was at fault. To do so, a plaintiff must show that the defendant was negligent, which requires an injured party to prove the existence of a duty of care, breach of that duty, a causal link from the collision to the plaintiff’s injuries, and the existence of real damages.
Demonstrating that a duty of care existed between a driver and a motorcyclist can be simple to prove because every motorist on public roadways holds a legal obligation to operate their vehicle safely. However, proving a breach in the duty of care can be difficult because there are countless ways a motorist may violate their legal obligations. A defendant who caused an accident through their careless, reckless, or intentional behavior may have failed to meet these standards. For instance, if a driver violated a traffic law, attorneys may use this to prove a breach in duty of care.
Causation is the link between a defendant’s breach and the injuries a plaintiff sustains. An injured party must be able to show this connection to recover compensation because a defendant is only responsible for the damages they caused. Additionally, a plaintiff must have actual damages to recover monetary compensation. These damages may involve medical expenses, pain and suffering, motorcycle repair costs, and other damages.
Comparative Negligence
Proving fault can be more complex when multiple parties share the blame for a motorcycle wreck, especially when the injured party may be partially responsible. However, under state law, a plaintiff may pursue a lawsuit against another driver, even if they were partially at fault.
While a claimant may bring an action despite sharing some of the liability for a collision, their degree of fault could impact their recovery. A judge or jury may reduce a plaintiff’s damages by their percentage of fault, up to 50%. However, if the plaintiff is found to be 51% or more at fault, they are barred from recovery entirely. Palm Beach Gardens lawyers could assess a claimant’s motorcycle accident case and determine if their actions leading up to their collision may impact their recovery.
Retain a Palm Beach Gardens Motorcycle Accident Attorney
If you are recovering from injuries related to a motorcycle wreck, you understand the debilitating impact it can have on your life. Mountains of medical bills and missed time from work can make it challenging to meet your financial responsibilities.
Fortunately, Palm Beach Gardens motorcycle accident lawyers could help you fight for financial compensation. To get started, contact Kogan & DiSalvo, a personal injury law firm, to schedule your free case consultation.
