Oyster Bay Motorcycle Accident Lawyer
Countless motorcycle accidents occur each year in Brentwood. Drivers often fail to notice riders before making careless or reckless maneuvers on roadways. In many cases, victims suffer painful and debilitating injuries.
Victims can recover multiple categories of damages in motorcycle accident lawsuits. However, in order for their cases to be successful, plaintiffs must show that their injuries were caused by other drivers’ negligent actions. There are several types of evidence that can be used to prove that another motorist was at fault.
If you were injured because of a motorcycle accident in Oyster Bay, get help recovering the financial compensation you deserve. Contact our experienced Oyster Bay motorcycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Elements of a Motorcycle Accident Lawsuit in Oyster Bay
The process for pursuing compensation in motorcycle accident lawsuits can vary drastically from case to case. However, in each case, four general elements must be established:
- The defendant driver owed you a duty of care.
- The defendant driver failed to adhere to that duty of care.
- You were injured because of the defendant’s breach of duty.
- You sustained damages because of your injuries.
These elements seem simple on their face but applying to them to your case can be difficult. You can consult with our Oyster Bay motorcycle accident lawyers to assess the validity of your lawsuit.
Contributory Negligence in Oyster Bay Motorcycle Accident Lawsuits
According to C.P.L.R. § 141, courts in Oyster Bay will award damages in motorcycle accident lawsuits using the doctrine of contributory negligence. This means that the amount of damages awarded in your case will be based on percentages of fault. If you are considered to be 30% at fault for a crash and a defendant driver is 70% responsible, the defendant must pay for 70% of damages caused by the crash while you will account for the other 30% with out-of-pocket expenses. Even if you are more than 50% responsible for your crash, you will still be able to recover compensation.
Defendants and their insurance companies often use contributory negligence as a way to refute aspects of plaintiffs’ cases. If an insurance company successfully shifts blame for your accident, they may avoid paying the full value of your claim. Our Oyster Bay motorcycle accident lawyers can help prove that a careless driver was at fault.
Proving Fault in an Oyster Bay Motorcycle Accident Lawsuit
Proving fault in a motorcycle accident lawsuit can be a difficult task. There are many types of evidence that can be used to establish fault. However, parties in control of such evidence may not behave cooperatively. Our experienced Oyster Bay motorcycle accident lawyers can help gather the following evidence to prove fault in your case:
Traffic Camera Footage
Traffic camera footage can be very beneficial when proving fault in your case. Traffic cameras can help show the events that occurred before, during, and after an accident. Accordingly, such footage can help demonstrate why a crash occurred.
Recovering relevant traffic camera footage can be a complicated process. Our attorneys can help when seeking traffic camera footage in your case.
Like traffic camera footage, eyewitness testimony can help establish why a crash occurred. For example, a witness may provide a statement that asserts a defendant driver failed to yield the right of way before making a left turn. Eyewitnesses may provide either written or oral testimony.
Accordingly, motorcycle accident victims should always attempt to retrieve contact information for witnesses to their accidents. Statements from eyewitnesses can be highly valuable to our Oyster Bay motorcycle accident lawyers when establishing fault.
Physical Evidence from the Scene
Furthermore, physical evidence from the scene of an accident can be very valuable when proving fault. For example, a malfunctioning engine component may be brought into court to show that a crash was caused by a defective part.
Also, physical evidence from the scene can be used to identify an at-fault driver. For instance, broken glass from the scene of an accident can be matched with a defendant’s headlight to prove they were involved in the collision at issue. Victims can contact our attorneys for help assessing the value of physical evidence.
Some forms of physical evidence may be difficult to preserve or bring into court. In such cases, other forms of evidentiary documentation are allowed.
Photos from the Scene
Victims of motorcycle accidents should also attempt to document the scene of their accidents if possible. Photos from the scene are another type of evidence that can be used to establish fault. For instance, photos of a crushed motorcycle helmet can be used to show a defendant driver was operating their vehicle at excessive speeds when a crash occurred.
Furthermore, photos from the scene can be used to dispute defendants’ theories regarding why a crash occurred. For example, some defendants will attempt to assert that their crash was caused by poor road conditions. In such cases, photos from the scene can be used to show that road conditions did not contribute to a crash.
Expert Witness Testimony
Expert witnesses are considered experts because of their education, training, and experience in a particular field. These witnesses can help prove fault by simplifying complicated explanations regarding why a crash occurred. For example, an accident reconstruction expert may be called to discuss factors that led to a crash. Furthermore, after accidents caused by defective products, experts may be called to explain why the products were defective. Our Oyster Bay motorcycle accident lawyers can help summon the appropriate expert witnesses to support your claims.
Lastly, your personal recollection can be valuable when proving fault. As time goes by, important details surrounding your crash may fade. These details can be very important to our lawyers when building your case.
Therefore, you should attempt to record your recollection of your crash while your memory is fresh. The details you record can be valuable when proving fault.
If You Were Injured Because of a Motorcycle Accident in Oyster Bay, Our Lawyers Can Help
If you were injured because of a motorcycle accident, seek assistance from our experienced Oyster Bay motorcycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.