The Kashar Law Firm—Motorcycle Accidents

The National Highway Traffic Safety Administration states that thousands of motorcyclists are killed each year in the U.S, while countless millions are injured. Liability issues that surround motorcycle accidents can be very different than car-related liabilities. Motorcycle accidents present their own inherent set of legal complexities. Because of that, these types of personal-injury claims must be addressed by a personal-injury attorney who is highly familiar with motorcycle-accident claims.

Things to Know…

Elements of Negligence

In the legal realm, liability in the majority of motorcycle accidents is ruled by what is called ‘the law of negligence.’ Negligence is determined by a person behaving in a careless manner, causing injury to another. In order to legally determine negligence in motorcycle accidents, certain elements must be clearly shown by the plaintiff (person making the claim):

• The defendant did not execute ‘reasonable care’. Here, the law will compare the defendant’s driving conduct to that of a ‘reasonable person’.
• The plaintiff has suffered injuries or losses.
• The defendant’s behavior caused the plaintiff’s injuries. In some cases, the defendant could be the manufacturer of motorcycle parts which could be proven to be defective, in some way, resulting in injuries or other damages. This would be a product-liability claim.

Without exception, the burden of proof rests on the plaintiff’s shoulders to prove negligence on the part of the defendant. This can get very complicated; and because of this, a well-experienced personal-injury attorney needs to become your staunch ally.

Settlement Value and Trial Value

The monetary value of a motorcycle-injury claim includes two types of valuations: 1) settlement value which has to do with money you would reasonably hope to receive in a settlement with no trial and 2) trial value which is money you would reasonably hope to receive at trial. If you agree on settlement value, you will receive money, but at a significantly lower amount, since you are settling for smaller compensation to avoid the possibility of losing at trial.

The Kashar Law Firm Is Here for You

The Kashar Law Firm will determine how injuries have affected you monetarily, physically and mentally as well as determining any possible punitive damages on the part of the defendant. The Kashar Law Firm specializes in helping Plano residents with their motorcycle-accident claims. Give us a call today at 972-888-6018 for a free consultation.

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