Motorcyclists in Jonesboro have the same right to use the public roadways as any other motorist. Unfortunately, these riders often see these rights violated. Drivers sometimes do not yield the right-of-way or keep a safe lookout for motorcyclists, which can lead to a dangerous collision.
If you have sustained serious bodily injuries in a motorcycle collision, you have legal rights. You have the right to pursue a lawsuit against the other driver and you could recover compensation upon showing that they acted negligently. A skilled personal injury attorney could assist with building a strong claim. Let a Jonesboro motorcycle accident lawyer review your case and ensure your rights are protected.
Resolving a Motorcycle Accident Injury Claim
Every motorcycle accident claim has two paths to a favorable outcome. The first is to resolve the claim through a negotiated settlement. The second is by obtaining a judgment at trial.
A settlement is the most common way for a plaintiff to obtain compensation for their injuries. Some claims are resolved without ever needing to file a lawsuit. Settlement is possible at any point between the initiation of the claim and the conclusion of a trial. There cannot be further negotiations once a settlement is agreed to, so it is vital that the amount is fair and reasonable. With counsel from a local motorbike crash lawyer, a plaintiff could determine what a reasonable settlement offer is.
If the parties cannot agree on a fair settlement, a trial is the final recourse for an injured motorcyclist. These trials are often held before a jury, but in some cases, only a judge will decide. The defendant might opt for a trial for several reasons. In some cases, they lack the means to pay a fair settlement. In other circumstances, the defendant will genuinely believe they were not at fault and want to fight the accusation.
Unless the parties reach a settlement quickly, a plaintiff’s attorney will ultimately have to demonstrate that the defendant acted negligently. Showing negligence is not only required at trial but is also an important step in the settlement process. There are four steps to establishing negligence in a motorcycle accident.
The Duty of Care
First, the plaintiff must show that the at-fault party owed them a duty of care. This is rarely at issue in motorcycle accidents, as every motorist owes a duty to others to drive safely.
The second step requires a rider to prove that the defendant violated that duty of care. While there are many ways to establish a violation, the most common breach results from some moving violation. Any illegal act including speeding, driving while intoxicated, or running a stop sign could be negligence.
Injuries and Damages
The third step revolves around injuries. Any injuries that the plaintiff wishes to be compensated for must have occurred from the defendant’s breach of duty. A plaintiff may not recover damages stemming from some other cause.
Finally, the injuries resulting from a motorcycle accident must lead to measurable damages. These damages could include medical bills, property damage expenses, or other losses. A motorcycle accident attorney from the area could help anyone who has sustained injuries determine the potential value of their claim.
Reach Out to a Jonesboro Motorcycle Accident Attorney
There is no value in putting off a discussion with legal counsel about your motorcycle collision claim. If you are suffering from injuries that occurred due to the negligence of another driver, you have the right to hold them accountable.
Let a Jonesboro motorcycle accident lawyer assist you in your pursuit of monetary compensation. Schedule a free consultation right away to learn more.