Case

Motorcycle accidents are like other vehicle accidents in some ways, but because of some unique factors inherent in motorcycles and motorcycle riding, the causes of motorcycle accidents, the injuries resulting from motorcycle accidents, and the liability issues surrounding motorcycle accidents can be very different from car accidents.

Elements

  • The law required the defendant (the person who is being sued) to be reasonably careful. In car and motorcycle accident cases, this is a given. Motorists must exercise care when riding or driving.
  • The defendant was not careful. In determining if the defendant was careful, the law compares the driver's conduct to that of a "reasonable person."
  • The defendant's conduct caused the plaintiff's injuries.
  • The plaintiff was injured or suffered losses. If the motorcyclist didn't get hurt or can't prove any damages, he or she can't recover anything, even if the defendant behaved in a careless manner.
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