How is negligence proven in a motorcycle accident case?

Motorcycle accidents are usually caused by someone's carelessness or failure to act. Often times it is a combination of negligent acts or a failure to act by one or more persons or entities that cause an accident to occur. The law requires that each person owes every other person a duty to act as a reasonably prudent person would act under the same or similar circumstances. When a person does not act reasonably, then they have violated that duty and will be held responsible for any injury or damage that results. This duty is created from statutory laws and rules in prior cases that have evolved over time.

It is important that the qualities of the motorcycle be analyzed for their role in causing or responding to the accident. There are accident reconstruction experts available with specific expertise in motorcycle accidents. Usually, there are photographs of the vehicles, and possibly other physical evidence. The physical evidence is used in conjunction with the testimony of the parties and eyewitnesses to determine what happened. Generally, each side points to those pieces of evidence, and those statements of witnesses that are favorable. The jury or the insurance company for the defendant will weigh all of the evidence developed by each side, and determine who is at fault, and in what percentage.

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San Francisco, CA 94105
415-777-1511
800-928-1511
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