Proof of Negligence
To succeed in your motorcycle injury claim, you must prove negligence.
The first thing you must do if you have been injured in a motorcycle accident is to contact a Sun Land Motorcycle Injury Lawyer. Do not fight with the other drivers or blame them. Seek medical assistance immediately. Once you have received medical aid, make a mental note of the surroundings including the location of the other vehicle or vehicles involved in the accident. Remember, when a motorcycle rider is involved in an accident, people tend to blame the motorcycle rider. A Sun Land Motorcycle Injury Attorney can help you fight this prejudice the jury members may be having towards motorcycle riders. When you make claim for your injuries, the other driver and his/her insurance company will not pay up immediately. They will reject your claim that your injuries were caused by the other driver’s negligence. That’s why you should seek the assistance of a Sun Land Motorcycle Injury Lawyer.
Distinctive Rules of Proof
The Sun Land Motorcycle Injury Attorney is aware that some negligence cases require distinctive rules of proof. One set of rules concerns the use of expert testimony. Ordinarily, it is the jury’s task to decide the ultimate issue of whether the defendant acted negligently. Witnesses provide evidence relevant to that conclusion, but the witnesses are not allowed to suggest the conclusion to the jury. A police officer can testify that she found the whiskey bottle and telephone in the car, but she cannot then say that the defendant must have been driving carelessly. Some issues are more complicated, however, and require expert testimony. Your Sun Land Motorcycle Injury Lawyer will arrange for expert testimonial if needed. Negligence is the failure to observe reasonable care, and since people ordinarily act reasonably, the plaintiff or defendant may introduce evidence of a custom that is relevant to the issue of negligence. Your Sun Land Motorcycle Injury Attorney will visit the scene of your accident and collect the required evidence to prove the negligence of the defendants.
Your Sun Land Motorcycle Injury Lawyer will review your accident to determine if there was a violation of any statute. A statute can be even stronger evidence of negligence than a custom. Suppose a driver traveling at 60 m.p.h. in a 3 5 m.p.h. zone strikes a pedestrian. The fact that the driver may have been going too fast suggests negligence, but the fact that the driver violated the legal speed limit is even more compelling evidence of negligence. Courts often view statutes that prescribe standards of conduct as statements of public policy that should be recognized as defining reasonable care. The Sun Land Motorcycle Injury Attorney will use the available evidence to prove that the defendant acted negligently. Once the plaintiff has proven that the defendant was careless, the causal link between the defendant’s careless act and the plaintiff’s harm is usually clear. A driver fails to stop at a red light and hits a motorcyclist; if the driver had not failed to stop, the motorcyclist would not have been hit. This is known as the “but for” rule of causation: A tortfeasor is liable if the victim would not have been injured but for the tortfeasor’s negligence. A Sun Land Motorcycle Injury Lawyer will prove the negligence of the defendant and ensure that you get the compensation you rightly deserve for your motorcycle injuries.