After a motorcycle accident, proving negligence is key to getting fair compensation. Proving negligence, however, requires finding and using the right evidence to strategically build a case that shows someone had a duty of care to you, violated that duty, and that this violation caused your accident. An Atlanta motorcycle accident lawyer can help.
How an Atlanta Motorcycle Accident Lawyer Proves Negligence in a Motorcycle Accident Case
Negligence has four parts: duty, breach, causation, and damages. A lawyer knows how to tackle each one to build a solid case, and here’s how they do it:
Establishing Duty of Care
Establishing duty of care means showing the other driver had a responsibility to drive safely and avoid harming you. This is fairly straightforward, since all drivers are required to follow the rules of the road and not drive impaired or distracted as a basic duty of care to every other road user.
However, your lawyer can help your case by not only explaining this, but also finding all laws and regulations that it is possible a driver may have violated. For example, if you have been hit by a commercial truck, there are special regulations that apply to truck drivers that your lawyer may be able to bring in and use to help prove the full extent of the duty of care that was owed to you.
Proving a Breach of Duty
This is where your lawyer shows the other driver messed up. They might have been speeding, texting, or ignoring a stop sign, and if you’re talking about a commercial driver, they may have been violating rules about how much weight they could carry in a vehicle, the truck may not have been in good repair, or they might have been ignoring federal or state laws about required rest breaks and other special regulations that apply to truck drivers.
Your lawyer will gather evidence like police reports, which often note violations or reckless behavior, and traffic camera footage or dashcam videos to show exactly what the driver did wrong.
Proving Causation
Causation is the third step, and this is where your lawyer connects the driver’s mistake to your accident and injuries. It’s common at this step to use accident reconstruction experts to map out how the crash happened and show that the other driver’s actions directly caused the collision. You have to prove that “but for” the other driver, the accident would not have happened. Medical records tie your injuries, like broken bones or road rash, to the accident and rule out any other cause.
Showing Damages
Proving damages means showing how the accident has hurt you financially and personally. Your lawyer will use your medical bills, repair costs for your motorcycle, and proof of lost wages if you couldn’t work to show all the monetary, or economic, damages you’ve sustained. They also document your pain and suffering, like emotional stress or reduced quality of life, so you can get compensated for more than just the monetary losses.
Getting It Done
To make all this happen, your lawyer will have to dig deep for evidence. They interview witnesses who saw the crash and get their statements before memories fade. They subpoena phone records to check if the driver was distracted. If the road itself was a factor, like poor signage or road hazards that hadn’t been properly flagged up, they investigate whether a government agency might also share some blame.
Your lawyer also handles all the legal paperwork and deadlines. They’ll make sure to file documents correctly and on time to keep your claim on track. If the insurance company argues you were partly at fault, your lawyer will counter with evidence like helmet cam footage or skid mark analysis to protect your compensation. Throughout the process, they also negotiate with any insurance adjusters who might try to lowball you. Your lawyer knows the common tactics and how to push back for a fair settlement. If the case goes to court, they present your evidence clearly to a judge or jury.
Common Challenges
Proving negligence in a motorcycle accident case isn’t always straightforward. You’re likely to face a few hurdles from biased insurance companies, but a lawyer knows how to tackle these challenges head-on. Here’s how they handle common obstacles to keep your case on track and fight for the compensation you deserve:
Misguided Perceptions
One big challenge is the stereotype that motorcyclists are reckless. Insurance adjusters and their lawyers love to argue that motorcycles must have been speeding or weaving through traffic, even without any proof. Your lawyer can counter this by pointing out the lack of evidence and producing evidence to show you’re a safe rider. If you wore a helmet or protective gear, they could highlight this to show you took precautions. They might also use GPS data or witness accounts to confirm you were riding responsibly, if those are available.
Denied Fault
Another issue is when the other driver denies fault. They might claim you cut them off or that road conditions caused the crash in an effort to pass at least some of the blame on to you. Your lawyer will fight back against this with hard evidence that shows what really happened. They can analyze police reports for inconsistencies in the driver’s story, for instance, and if skid marks or vehicle damage tell a different tale, they might bring in an accident reconstruction expert to set the record straight. They can also check if the driver was distracted, like by texting, and subpoena phone records to prove it.
Partial fault is a big deal here in Georgia, where “comparative negligence” rules apply. If you’re found partly responsible, your compensation drops by the same proportion as your fault. That means the other side is likely to try to exaggerate your role to reduce their percentage of fault and thus what they have to pay out. Your lawyer will use videos, photos, or expert analysis to show you had little or no blame.
Lost Evidence
Evidence is very important in these cases, but evidence can also be hard to find, easily disappear, or even be out of your reach entirely as a private person. Your lawyer steps in fast, preserving what’s available and subpoenaing whatever might be useful, like footage from a traffic camera or store camera. They can also track down witnesses before they forget details and secure footage before it’s erased.
Downplayed Injuries
Insurance companies like to downplay victim injuries to save money. They might say your pain is from an old injury, for example, or they might try to argue that you don’t need ongoing treatment. Your lawyer can work with your doctors to get detailed medical reports linking your injuries to the crash. They can also bring in other expert medical witnesses to give a second opinion to back up what your doctor is claiming and help you do a proper calculation of future costs.
Finally, don’t forget that an important role of your lawyer is to handle the emotional toll. Dealing with adjusters or court prep can be far too much to deal with when you’re trying to heal from a serious injury. Your lawyer will take on the stress, keep you updated, and do it all without burying you in details.
