Negligence is established in an Orlando motorcycle accident through a four-step process, which includes:
- Establishing that the defendant owed you a duty of care, which the Legal Information Institute (LII) describes as a responsibility to “act in the same manner as a reasonably prudent person in their position would”
- Showing that the defendant breached their duty of care in some way
- Showing that their breach of duty caused your accident
- Showing that the accident caused you to incur financial losses
Your lawyer may build your case to establish negligence using specific evidence from your accident.
Your Lawyer May Use Various Pieces of Evidence to Prove Negligence
Your lawyer and their team may help you collect evidence to support your lawsuit or insurance claim. The facts and evidence of your accident may speak volumes and may show that you were the victim of negligence. Some tools that your lawyer may use to make your case might include:
- Witness accounts
- Photographs of the accident scene
- Photographs that may be relevant to your accident
- Video of the accident itself
- Police reports that indicate one or more parties were negligent
- Expert testimony
Depending on the circumstances surrounding your accident, your lawyer may use other means to demonstrate how you were the victim of negligence and are owed compensation because of it.
Forms of Motorist Negligence
There are many ways that a motorist can be negligent and cause a motorcycle accident. Some examples of dangerous driving behaviors, which could have played a role in your accident, include:
- Speeding, which the National Highway Traffic Safety Administration (NHTSA) notes as the cause of 9,378 deaths in a single year
- Driving under the influence of alcohol or drugs
- Driving while distracted
- Making dangerous turns, which could cause a motorcyclist to strike a vehicle
- Merging lanes when it is dangerous to do so
- Failing to check for oncoming motorcyclists at an intersection before turning right
- Driving without working mirrors, headlights, or taillights
- Failing to secure items inside or outside of the vehicle
Note that the above risks are not the only ways that a motorist may be negligent. Also, the other motorist may not be the only party responsible for your losses. Some other parties who could be at fault for a motorcycle accident might include:
- The other motorist’s employer
- The motorcycle or vehicle manufacturer of a faulty part that caused the accident
- The mechanic whose work contributed to your accident
- A municipality that did not repair dangerous road conditions
Negligence is established in an Orlando motorcycle accident through written and oral processes, depending on the course that your lawsuit or insurance claim follows. Your lawyer may use multiple methods to establish you as the victim of negligence as they attempt to secure compensation for you or your loved one.
You May Be Able to Win Awards Because of Negligence
Motorcycle accidents can cause substantial losses, and you may be able to win awards to cover your losses through an insurance claim or lawsuit. Your lawyer can help determine the losses you suffered and assign a value to each item. They may consult with experts to value less-than-obvious losses, such as pain and suffering.
You may be able to recover multiple losses after an Orlando motorcycle accident, such as:
- Pain and suffering
- Lost income
- Diminished earning capacity
- Permanent disability
- The cost of medical care for accident-related injuries
- The cost of psychological counseling
- Damage to your motorcycle and other personal property
If you have any other accident-related losses, your lawyer can assign them value and seek compensation in response to them. If you lost a loved one due to an Orlando motorcycle accident, you may be able to collect compensation for losses related to their wrongful death, such as the decedent’s lost income, funeral expenses, and loss of consortium.
A lawyer may handle your case or claim from start to finish, doing whatever is necessary to complete it.
Call the Law Offices of Anidjar & Levine Today
Hiring a lawyer after an Orlando motorcycle accident may provide several benefits, namely that you can just worry about getting better while your lawyer takes care of your insurance claim or lawsuit. Do not wait to call the team for a personal injury lawyer, as time may be sensitive when it comes to pursuing compensation after an accident.
Call the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation.