After any type of accident, one of the most understandable questions a victim may have is whether they are legally entitled to compensation for their medical expenses and other accident-related losses. Motorcycle accident victims are no different and our attorneys regularly hear this question from prospective clients. Unfortunately, there is no definitive answer to this question, as each specific situation must be evaluated and your rights determined on a case-by-case basis. The following is some additional information regarding factors that may allow you to recover compensation after your crash.
Who Was Liable for Your Accident?In order to seek financial recovery from another party, that party must be found to be legally liable for causing your motorcycle accident. Legal liability is based on acts of negligence, which - for drivers - is the breach of the duty of care to operate their vehicle in a safe manner and the causing of harm as a result. Negligence can vary widely from accident to accident, and some examples of negligence that may cause another driver to be liable for your crash-related losses include:
- Driving while intoxicated (DWI)
- Texting or other types of distracted driving
- Aggressive or intimidating driving
- Violating traffic regulations
- Violating traffic signals
- Driving too fast for road or weather conditions