Motorcycle accidents, like car accidents, are all too common on the roadways of Connecticut. But, unlike car accidents, motorcycle accidents have a far greater potential to result in serious injuries and even death. When a motorcycle accident in Connecticut does result in serious injuries, the victim may be inclined to pursue financial compensation through a personal injury lawsuit. In doing so, the victim will likely need to prove negligence in the case.
What is negligence in a motorcycle accident case? Well, for starters, negligence is a legal concept that is at the heart of almost every personal injury lawsuit. In essence, to be negligent, a person or entity must have breached a duty that was owed to the person who was injured. Establishing that duty is the first step in a personal injury lawsuit that is based on a motorcycle accident.
So, do other drivers have a duty to motorcyclists on Connecticut roadways? They do. All drivers have a duty to follow the rules of the road, drive carefully and avoid distractions. However, we all know that many drivers do not adhere to these standards. When they break the rules, these drivers could be said to be negligent.
But establishing the duty owed to the motorcyclists isn’t enough. It must also be proven that the duty was breached, and that the breach of the duty was the cause of the accident and the cause of the victim’s injuries. It must also be proven that the party that was negligent should have been able to foresee that their conduct could result in an accident and injuries.