Motorcycle Accidents and Contributory Negligence -How Does it Work?
A lot of states follow the legal concept of pure contributory negligence. This concept disallows car accident victims to seek compensation for recovering their losses. If you have faced injuries from a motorcycle crash and the other parties involved in the accident are stating that you are liable, make sure to contact a personal injury attorney in NH immediately to protect your interests.
Effect Of Contributory Negligence Rule On the Claim
Contributory negligence disallows victims of car accidents from seeking compensation for the accidents if it is proved that the accident occurred due to the victim’s negligence in any way. Suppose the defendant parties successfully establish that the plaintiff’s carelessness contributed to the crash. In that case, the plaintiff will be prevented from receiving compensation for the resulting injuries and other economic and non-economic losses.
Motorcycle riders often experience prejudice from insurance adjusters, witnesses, judges, and juries. They have preconceived notions that motorcycle riders are inherently reckless and dangerously operate their vehicle with irresponsibility and negligence. This is known as anti-Rider bias. This bias results in claims getting rejected by insurance companies.
Common Types of Contributory Negligence in Motorcycle Accidents
Several cases involving contributory negligence do not have any substantial value. However, there are certain misconducts done by motorcycle riders that cause issues. They are as follows.
- Driving at high speeds
- Driving after consumption of alcohol
- Changing lanes and surpassing vehicles without focusing on the safety aspects
- Failure to wear helmets and protective equipment
- Not following traffic rules.
The concept of contributory negligence Is also known as an affirmative defense. To prove that the motorcyclist was riding negligently, it is essential to give solid evidence that establishes the rider’s negligence.
Along with that, the other party must provide proof that the negligent conduct of the rider resulted in the accident. If the driver is found to be operating the bike negligently, but it is not directly related to the accident, the negligence cannot be used to prove the claim. The negligent conduct must be relevant to the case and directly relate to the crash.
How can you benefit by hiring a personal injury lawyer?
A personal injury attorney can help in addressing and combating anti-motorcyclist biases that are faced by almost all the victims of motorcycle accidents. This is done by efficiently documenting the rider’s driver’s history and routine to maintain safety on the road. The lawyers can gather the information that helps refute claims against you and prove your innocence in front of the jury.