Our College Park motorcycle accident lawyers have handled thousands of cases since founding in 1954. Motorcycles are amongst the most dangerous motor vehicles on the road. However, unlike a truck driver, if you are in an accident on a bike, you are facing the brunt of the injury. No matter how far safety technology advances for cars and trucks, the technology of motorcycles remains stagnant. There is little manufacturers can do. The thrill of riding a bike is removed if manufacturers include features like walls or doors on either side of the rider. Moreover, while airbags may be present for frontal collisions, they generally are not for side and rear-end collisions.
Motorcycle riders know what they are getting into when riding a bike. However, that does not mean drivers should not be responsible if they inflict catastrophic injury on a motorcycle rider. If you are in an accident, you can contact a College Park motorcycle accident lawyer to see how the law applies to the facts of your case.
Tort law seeks to compensate victims of negligence. Although, the law does not impose unreasonable requirements on defendants. For example, a plaintiff must be in the zone of danger of the defendant when the defendant behaves negligently. Even if a defendant is negligent, he or she will not be responsible for plaintiffs so far away that it is unforeseeable that they would be injured.
A College Park motorcycle accident lawyer can help you distinguish between causation standards. A foreseeable plaintiff is different from the eggshell plaintiff rule. The eggshell plaintiff rule holds a defendant liable even if the harm was unforeseeable. This is separate from the plaintiff himself, who needs to be foreseeable. The eggshell plaintiff rule protects plaintiffs who have preexisting physical or mental injuries. The law views an aggravation of these preexisting injuries as a new injury. Although, we must be able to prove the causation element for the aggravation. This eggshell plaintiff rule protects motorcycle riders as well. As in the name, even if the plaintiff, a motorcycle rider, does not have much protection, the defendant is still liable so long as he or she behaved negligently.
Damages are the fourth essential element to prove in a negligence claim. This element is the most important for your financial recovery. The law requires that you verify every dollar of which you will recover. Courts and juries do not merely assign arbitrary numbers because an injury appears particularly severe. Instead, your College Park motorcycle accident lawyer must prove your damages. A court will not presume your damages.
First, if your motorcycle is damaged in an accident, the defendant, assuming liability is proven, is responsible for the reasonable repair cost. If it is destroyed, the defendant is liable for the fair market value of the motorcycle at the time of the accident. Unfortunately, courts generally do not permit recovery for emotional distress damages for property damage. However, you can recover medical expenses, lost wages, and pain and suffering related to your injury, not property damage.
Our College Park motorcycle accident lawyers have nearly 70 years of experience. Managing Partner Roger Gelb has personally handled thousands of cases and has been awarded numerous accolades for excellent legal representation. Beyond that, our legal team excels in providing compassionate representation of clients. We understand that a motorcycle accident can change your life. If your motorcycle is inoperable, you may need help to get around and perform everyday tasks. Even if your bike is in workable condition and does not need repair, your injuries may leave you unable to work. You may have difficulty paying your bills to survive if you are unable to work. These are issues our legal team has seen before. While we cannot undergo the process for you, we can simplify it so that your only concern is focusing on recovery. A good attorney will help you, advise, and help you through your case.
If you have any questions about the information above or are wondering how these laws relate to your case, please call us today for a free case consultation. We are excited to speak with you.