Fault. Attorneys generally, in determining whether someone has an automobile accident claim, must determine whether the necessary legal elements of a case will be met, beginning with negligence. Typically, in order to establish that someone was negligent, or at fault, in the operation of their automobile, you have to first show that they violated a duty of ordinary care. Violating the duty of ordinary care can include things like operating a car at excessive speeds, failing to stop for stop signs and stoplights, failing to stop the vehicle before they rear end another vehicle or violating other rules of the road. Of course, there are other circumstances which can constitute negligence. If you believe that you been injured by a negligent driver and have suffered injuries as a result, feel free to contact our office to determine whether we can help you.
Cause. Once it is established that a driver operated his vehicle in a negligent manner, an attorney generally must prove that the negligence is a proximate cause of the injuries that you are claiming. In other words, the negligent conduct of the other driver must cause the injury that you complain of.
Damages. Once it is established that the other driver was negligent and that his negligence was a proximate cause of your injuries, the attorney then determines the damages to which you are entitled. Generally, attorneys refer to damages as general damages or special damages.
Motorcycle. A motorcycle is a vehicle with not more than three wheels that has a saddle for the rider. Under certain laws, motorcycles are required to have certain equipment; such as a headlight with both high and low beam as well as a rear tail light, a reflector and a stoplight. Generally, the brakes on most motorcycles must operate on both the front and rear wheels. In some states, laws require that the motorcycle rider wear a helmet.
Same Rules Apply. Motorcycles must follow the basic rules of the road just as automobiles do. A motorcyclist is generally required to operate his motorcycle in a way that is reasonably prudent given the circumstances and conditions. Motorcycles are entitled to use a full lane of traffic but also can operate two abreast in a single lane.
Different Evaluation. If you have been injured through the negligence of another driver while you were operating a motorcycle, the insurance company may evaluate your case differently. Often, insurance companies try to blame the rider of the motorcycle by suggesting that the rider has not used reasonably prudent care in the operation of the motorcycle. As a result, attorneys are sometimes required to use accident reconstruction experts to prove that the rider of the motorcycle was not at fault.
Drunken Driving Accidents
Cost. The use of excessive alcohol in the operation of an automobile continues to be among our nations and regions most serious health and safety problems. One third of all traffic related deaths each year involve alcohol-impaired driving. The annual cost of alcohol-related crashes is estimated to total $51 billion annually. One person dies every 48 minutes as a result of alcohol-related crashes.
Facts of Drunk Driving. For more information regarding the facts surrounding alcohol-impaired driving please check out the CDC website.
Against the Law. In addition to a personal injury case, a driver who drives under the influence of alcohol may be implicated by criminal statutes.
If a drunk driver has injured you, the evidence of intoxication can influence your case in different ways than ordinary automobile accident cases.