How Do You Know If You Can Sue Someone for Your Losses?
When you think about motor vehicle accidents, there’s a tendency to assume that there must be two drivers involved, that you have to show that another motorist caused a collision that led to your injuries. That’s not necessarily the case. Let’s take a closer look at how liability is determined in any motor vehicle accident, including a motorcycle crash.
The Basis for Liability in a Motorcycle Accident
Though you can always seek compensation from someone who intentionally harms you, as a practical matter most personal injury claims, including most motorcycle accident lawsuits, are based on the legal concept of negligence. Negligence is essentially a failure to act reasonably under the circumstances. Negligence is a centuries-old legal principle that holds that all people in society, in all their actions, must employ the standard of care that a reasonable person would. That applies to people operating a motor vehicle.
When Can You Recover Monetary Compensation from Someone with Whom There Was No Impact?
If a person’s actions were unreasonable and if those actions caused or contributed to an accident where you suffered losses, you can seek damages from that person. There are a number of situations where a person’s carelessness may cause a motorcycle accident without any impact with your bike:
- A person serves alcohol to someone, who, in an inebriated state, causes you injury in a motorcycle accident
- A person fails to secure materials or debris on a truck or other motor vehicle, and they fall off into your pathway, causing an accident
- A municipality or municipal worker fails to properly maintain the roadway, leading to potholes, excessive gravel or water, broken or missing signs
- Another motorist disobeys traffic laws, veering into your path or coming too close to your bike, causing you to take evasive action and lose control
- A person fails to use reasonable care to design or manufacture vehicle components, either on your vehicle or some other vehicle,
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
