No vehicle can provide the thrill of riding a motorcycle, but part of that excitement is the ever-present danger. According to the Centers for Disease Control and Prevention, 4,502 bikers died in the United States in 2010. This figure accounts for 14 percent of all road fatalities – despite the fact that there are significantly more passenger vehicles than motorcycles.
Bikers who are fortunate enough to survive collisions often face severe health conditions, according to WebMD. Fractures, brain trauma, organ complications and other issues may take years to recover and cost thousands to treat. Many victims are unable to return to work, which can lead to financial turmoil.
If you were injured by a negligent driver, then you may be entitled to compensation to pay for these losses. An Omaha motorcycle accident attorney from Rensch & Rensch Law can evaluate your case, gather evidence and help you fight for the maximum settlement.
Call 1-800-471-4100 today to schedule a consultation. You can also visit http://accident.usattorneys.com/nebraska/ to learn more about accident claims in Nebraska.
Here are four elements that you will need to prove when making a claim for motorcycle accident injuries:
- Prove the at-Fault Driver Had a Duty toward You
Every driver who operates a vehicle has a duty to behave in a way that does not endanger others. In motorcycle accident cases, establishing that the defendant had a duty toward the plaintiff simply requires proof that the defendant was operating a vehicle. The police report is usually sufficient evidence.
- Prove the at-Fault Driver Breached That Duty
If the defendant behaved in a way that a reasonable person would not have in a given situation, and if that behavior endangered the plaintiff, then the defendant committed a breach of duty. For example, if the at-fault driver was speeding, ran a red light or broke another traffic law, this may constitute a breach of duty.
- Provide Evidence of Liability
Proving liability is perhaps the most important aspect of a personal-injury case. Your injury attorney must provide evidence to demonstrate that the driver’s breach of duty caused your injuries or losses. In order to do this, your motorcycle accident attorney may reference the police report, witness testimonies, photographs from the scene, dashboard camera footage, doctor’s reports and other evidence.
- Identify Your Damages
In Nebraska, motorcycle accident victims may be entitled to both economic and non-economic damages. Economic damages cover your actual losses such as time off work and medical expenses. These tend to be easy to calculate.
Quantifying non-economic damages, however, is not always straightforward. These include pain and suffering, which is a somewhat subjective loss. If the accident caused permanent scaring, disability or disfigurement, then your injury lawyer may claim non-economic damages.
An Omaha motorcycle accident attorney from Rensch & Rensch Law can help you avoid mistakes during the claims process, such as settling for an amount that is less than what you deserve. We can also handle correspondence with insurance companies so you do not unknowingly admit fault. Call 1-800-471-4100 to schedule a consultation.