Douglas County Motorcycle Accident Lawyer
All motor vehicle operators owe a duty of care to motorcyclists, that requires them to conduct themselves in a reasonably prudent way while on the road. Behaviors that may constitute a breach of this duty of care include using a cell phone while driving, failing to yield the right-of-way, or failing to follow other traffic laws.
If another driver’s breach of duty caused your injuries and damages, you could hire a Douglas County motorcycle accident lawyer to help you seek compensation. A dedicated personal injury attorney from Inkelaar Law injury can review your case and build your injury claim.
Establishing Liability and Damages in Court
When seeking civil damages, you and your motorcycle collision attorney in Douglas County must focus on proving two main points to the judge or jury in the case: the damages you suffered, and the liability of the defendant(s). If these elements cannot be established, you may not receive any compensation.
More specifically, you and your attorney must prove the existence of the following elements in order to demonstrate legal negligence and recover compensation:
- The defendant owed you a duty of care, which in motorbike wreck cases is implied by them obtaining a driver’s license and getting behind the wheel
- The defendant violated—or breached—their duty of care by acting carelessly or recklessly
- The breach directly caused your injuries
- The injuries led to compensable damages such as pain and suffering, loss of consortium, lost income, and medical expenses
Contributory Negligence Laws
Motorcycle crash defendants could use contributory negligence as a potential defense by attempting to convince the court that the plaintiff bears liability for their own injuries. In motorcycle accidents, you could be found partially liable if you failed to obey traffic laws, were driving too fast for conditions, or were not wearing protective gear.
If you believe you may carry some fault as a plaintiff for your motorbike wreck damages, it may be beneficial to speak with a knowledgeable motorcycle accident lawyer in Douglas County. While Nebraska Revised Statutes §25-21,185.09 states that plaintiffs can still recover monetary compensation if their liability does not exceed that of the defendant, their total recoverable damages would be proportionately reduced.
As an example, a motorcycle accident plaintiff found by the court to be 60 percent at fault for their own injuries would be barred from any recovery. If they were found 40 percent liable, their damages would be reduced by their degree of liability, and they would only be able to recover for 60 percent of their total damages.
Seek Help from a Qualified Douglas County Motorcycle Accident Attorney
Recovering physically, financially, and mentally from a motorcycle accident is a lengthy process that cannot be sped up. However, hiring an Inkelaar Law attorney to represent your interests and fight on your behalf for financial compensation can help make this challenging time of life easier.
A Douglas County motorcycle accident lawyer could help you hold negligent drivers liable in civil court for the damages. Call today to get your motorcycle accident case started.