How is Negligence Proven in a Motorcycle Accident?

A dented car with a fallen motorcycle next to it.An accident can happen to anyone. While riding on a motorcycle, the chance of an accident unfortunately increases. It is crucial to know both the laws of the road and what you, as a driver or motorcyclist, need to do to keep the road safe for everyone. But in the event of an accident, how is negligence proven, especially in regards to motorcycles? It is important to understand how negligence is defined to ensure that you can do the best you can while on the road. Knowing how to react in the event of an accident can mean the difference between life and death, for anyone involved.

How Negligence is Proven

The law states that individuals owe those around them a duty to act responsibly in situational circumstances. In the most basic terms, it is all about being a decent human being. If Person A’s car hits Person B, and Person A drives away without acting responsibly and owning up to their actions, Person A is now the negligent party as long as the event can be proven. Proof is needed whenever the person who causes an accident fails in this duty in order for them to be held responsible.

Negligence, at its most basic definition, is neglect. Negligence is not about intentional harm; but rather, carelessness and failure to act responsibly. An example would be walking past someone who is heavily bleeding. The failure to call emergency services for the bleeding person is negligence.

Negligence is proven depending on what type of negligence was involved. In contributory negligence, if the defendant’s negligence is determined to be more severe than the plaintiff’s negligence, then the claim is defeated. This means that in a motorcycle accident, the plaintiff is at fault when negligence lies in both the plaintiff and the defendant. In comparative negligence, a comparison of both parties is allowed to figure the awarding damages. This is based on the amount of the plaintiff’s negligence that caused the injury.

What You Can Do to Avoid Accidents: Cars

Sharing a road with motorcycles does not have to be an unnerving or dangerous time for anyone. Taking certain precautions as the driver of a vehicle can save time, money, and most importantly, lives. Watching for bikers does not mean extra time out of your day or extra money out of your wallet; it just means a new awareness on the various travelers of the road.

  • Do not use the entire road to drive. While this may seem obvious, driving on your side of the road avoids accidents with anyone else on the road no matter who is driving what. The motorcyclist needs their own lane to drive in, so never join in on their own lane. Motorcycles may be smaller than vehicles, but the space of a lane is crucial to motorcycle safety.
  • Pay attention to who and what is on the road around you. Be sure to regularly check all blind spots.
  • Signal in time.
  • If driving behind a motorcycle, give them plenty of room between your vehicle and the motorcycle.

What You Can Do to Avoid Accidents: Motorcycles

Riding a motorcycle can be freeing. On the other side of that coin, it can be dangerous when precautions are not taken.

  • Do your best to drive past other cars’ blind spots.
  • Always wear a helmet and any other safety gear.
  • Be aware of the road’s environment, surroundings, and the weather.
  • Maintain your bike regularly.

Contact Us Today

Here at Chopper Lawyer, we understand that accidents are, of course, accidental unless proven otherwise. While there are steps that both drivers and motorcyclists can take to ensure a safer road for everyone, mistakes happen, and it is everyone’s duty to do the right thing when a situation arises. If your or your loved one has been involved in a motorcycle accident, or if you have any questions regarding negligence on a motorcycle or on the road in general, do not hesitate to contact us today. We serve the Florida counties of Hernando, Citrus, Pasco, Pinellas, and Hillsborough.

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