When Is a Negligent Driver Liable for Motorcycle Accident Injuries?

 Posted on December 00,0000 in Personal Injury

East Hartford personal injury attorney for motorcycle collisionsMore than a few Americans enjoy the thrill of riding a motorcycle. According to the latest information from the Federal Highway Administration, there were more than 8.4 million motorcycles registered in the United States in 2014. The National Highway Transportation Safety Administration (NHTSA) reported that there were nearly 5,000 motorcyclist deaths in 2018, a disproportionate number of fatalities when compared to passenger vehicles. When a motorcyclist gets into an accident with another motor vehicle, they are commonly the ones who suffer serious injuries because of the lack of protection that their vehicles offer. Road rash, broken bones, brain injuries, or nerve and spinal cord injuries are common after a motorcycle accident. If you have been in a motorcycle collision, a Connecticut personal injury attorney can help determine if you are entitled to compensation.

Who Is At Fault?

One of the first things to address following a motorcycle accident is determining who was at fault for the collision. In some cases, it can be difficult to establish fault, while in others, responsibility for an accident is clear cut. Determining fault is important, since it will allow you to seek compensation for injuries and damages that occurred due to the negligence of another driver.

When pursuing a civil lawsuit, you will have the burden of proof, meaning you must provide sufficient evidence that the other party was negligent and that this negligence was responsible for causing your damages. In Connecticut, there are a variety of ways in which a driver can be shown to be negligent, including:

  • Reckless driving
  • Exceeding the speed limit
  • Traveling too fast for conditions on the road
  • Improper passing
  • Illegal turns
  • Failure to use headlights
  • Failing to maintain a reasonable distance from another vehicle

Comparative Negligence in Connecticut

The state of Connecticut uses what is known as a comparative negligence system. This means that a plaintiff can seek compensation from another party even if the plaintiff was partially to blame for the accident. As long as you are not more than 50 percent responsible, you can still pursue damages, although the amount of the damages you can recover will be reduced by your own percentage of fault.

For example, consider this situation: you were speeding a few miles over the speed limit when a vehicle ran a red light at an intersection and collided with you. You filed a lawsuit against the other driver, and it was determined that you were 10 percent at fault, while the other driver was 90 percent at fault. While you can still recover compensation, your award will be reduced by 10 percent. That is, if you suffered damages of $50,000, you will receive $45,000.

Contact a Hartford, CT Motorcycle Accident Injury Attorney

Motorcycle accidents can vary in severity, but it is not uncommon for a motorcyclist to be seriously injured or killed in a collision. If you or a loved one have been injured in a motorcycle accident, you should call a skilled Connecticut personal injury lawyer as soon as possible. At the Woolf Law Firm, LLC, we understand how a serious injury can not only result in pain and suffering but can also have long-lasting financial effects. Our firm will take an aggressive approach to recovering compensation for your injuries, and in the event that your loved one was killed in a motorcycle accident, we can also help you pursue a wrongful death claim. To schedule a free consultation to determine the best course of action for your case, call our office today at 860-290-8690.

Sources:

https://www.fhwa.dot.gov/policyinformation/statistics/2014/mv1.cfm

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812826

https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-572h

https://www.jud.ct.gov/JI/Civil/Civil.pdf

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