Drivers who cause motorcycle accidents can be sued for the injuries they caused. However, the path to financial compensation is not always straightforward for plaintiffs. Defendants can utilize various strategies to refute victims’ claims.
In order for your motorcycle accident lawsuit to succeed, you must prove that your crash happened as the result of the other party’s careless conduct. Furthermore, you will have to establish the injuries you sustained and the damages they caused. Accordingly, support from our experienced legal team can be crucial to recovering the payment you are owed.
In the aftermath of your motorcycle crash in Clarkstown, NY, get help from our experienced motorcycle accident lawyers by calling The Martello Law Firm at (914) 685-6950.
Proving Fault for a Motorcycle Accident in Clarkstown, NY
There is a wide array of evidence that may be used to prove that another driver is at fault for your motorcycle accident. During your free case evaluation, our motorcycle accident attorneys can determine which of the following forms of evidence may be especially helpful to your case:
Witness Statements
Witness statements are one of the most valuable forms of evidence used to prove fault for motorcycle crashes. Witnesses can offer both written and oral testimony that explains how or why your collision occurred. For example, a witness may state that your motorcycle accident happened because another driver disobeyed a traffic signal. Further, witness testimony may establish that the defendant was speeding when they struck you.
Therefore, you should always try to obtain contact information from eyewitnesses immediately after your crash if possible. Afterwards, our team can help when reaching out for their cooperation.
Physical Evidence from the Scene
Physical evidence from the scene is another valuable tool that can be used to prove fault for your motorcycle accident. There are multiple ways that physical evidence can be utilized.
First, physical evidence may be used to identify the at-fault party. For instance, detached car parts found at the scene of your crash may be matched with the other driver’s car to prove that they were the one who hit you.
Also, physical evidence found at the scene of your accident may be used to demonstrate contributing factors. For instance, drug paraphernalia found at the scene may be presented to prove that the other driver was impaired at the time of your collision.
Unfortunately, some evidence may be hard to preserve or too big to bring into court. In such cases, there are alternative means of evidentiary documentation that can be used.
Photos from the Scene
Photos from the scene of your motorcycle accident may also be helpful when establishing fault. Like physical evidence, there are several ways that such photos can be utilized.
Photos from the scene of your crash can also be used to identify factors that contributed to your crash. As an example, pictures of your badly damaged car can be presented to prove that the other driver was speeding when they hit you.
Furthermore, photos from the scene can be very useful when seeking to disprove a defendant’s alternative theory of fault. For instance, the defendant in your case may argue that your crash happened because of improper road conditions, as opposed to their negligent behavior. In that case, photos from the scene of your collision depicting adequate road conditions could be utilized to disprove the defendant’s argument.
Expert Witness Testimony
Finally, expert witness testimony is also often used to establish fault for motorcycle accidents. These witnesses are considered experts because they have completed the necessary training, education, and experience in their respective fields. They are typically called on to explain complicated theories of fault. For instance, after a crash that occurs at an intersection, an accident reconstruction expert may be summoned to determine who is to blame. Thankfully, our team can help find the best experts to support your potential case.
Damages You Can Recover After a Motorcycle Accident in Clarkstown, NY
There are multiple categories of monetary damages available to plaintiffs in motorcycle accident lawsuits. Any of the following forms of compensation may be recovered in your case:
Medical Expenses
You may obtain payment for any medical expenses that you incur because of your motorcycle accident injuries. This includes the cost of all past, current, and future retreatment you require.
Damages for medical expenses are usually established using patients’ records and bills. Therefore, it is important to see a doctor quickly after your accident. If you wait for your injuries to heal by themselves, then you may be unable to obtain the documentation necessary to acquire these damages in your case.
Lost Wages
Lost wages are another form of monetary damages available to injured riders. If your motorcycle accident injuries prevent you from returning to work during your recovery, then you may be awarded payment for any lost income you sustained while you were away.
Furthermore, if your motorcycle accident injuries permanently inhibit your ability to work going forward, then you may acquire compensation for your lost future earning capacity. However, these types of claims can be complex and may be difficult to recover without experienced legal representation by your side.
Pain and Suffering
Many motorcycle accident injuries produce high degrees of pain. For example, burns, broken bones, back injuries, and head injuries can all be excruciatingly painful. Fortunately, you can seek monetary damages for the physical pain caused by your motorcycle accident injuries.
In addition to causing physical pain, many injuries can cause victims to endure debilitating emotional distress. Fortunately, you may also be entitled to financial compensation for the emotional suffering that results from your collision.
Property Damage
Additionally, you can obtain payment for any property damage you incur as the result of your motorcycle accident. For instance, if your bike was damaged by your crash, then you may pursue compensation for the cost of its repair or replacement.
Out-of-Pocket Expenses
Finally, there are a range of out-of-pocket expenses that may be compensated through motorcycle accident claims. For instance, you may need to pay for help with transportation to and from your medical appointments. In that case, those expenses could be included in your claim against the at-fault party.
These damages are often established using receipts. Accordingly, you should attempt to preserve the receipts for any costs that stem from your motorcycle accident injuries.
If You Need to File a Motorcycle Accident Lawsuit in Clarkstown, Contact Our Lawyers for Support
Get assistance from our experienced motorcycle accident attorneys at The Martello Law Firm by dialing (914) 685-6950.
