Being the victim of a motorcycle accident can be devastating. It can lead to life-long consequences and mountains of medical bills. If you are in this potion, and you know that someone else was at fault for the accident, learn how you can prove it for a personal injury claim. Remember you can contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
Understanding Negligence
First of all, it is important to know that if you want to recover damages after a motorcycle accident, you must prove that the driver was negligent. There requires showing that the plaintiff owed the person on the cycle a duty of care, that they breached that duty of care in a negligent way, and that this breach is what caused the motorcycle injury or death.
A Word About Negligence Per Se
There are instances in which a motorcycle rider who has been injured may not need to prove that the other person involved in the accident was negligent. This would be the case if the at-fault driver was breaking a traffic law. For example, negligence per se can be used if the driver was speeding, texting while driving, following too closely, or running stop signs or red lights.
Likewise, if they did not yield the right of way when required to do so, if they did not keep their vehicle in appropriate and safe condition, if their driving was reckless, and if they were driving while under the influence of drugs or alcohol, negligence per se may apply.
The key to using this option is that the traffic law the plaintiff broke must have been designed to prevent the specific type of accident that occurred. For example, our distracted driving laws are designed to prevent accidents caused by people being on their phones or otherwise distracted. If a person is distracted by texting, and hits a motorcycle while doing so, they have broken the law and caused the very accident the law is there to prevent.
You Do Not have to Pay Upfront for Legal Fees
One of the reasons that some people choose not to take advantage of the legal options available to them is that they assume they cannot afford it. The good news is that if you choose an attorney like those at Law Offices of Fernando D. Vargas, we will take your case on a contingency basis. What does this mean for you? It means that you do not pay until we win your case – and if we do not win your case then you do not owe legal fees.
To learn more or determine whether or not you have a case, contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
