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Charlotte is often a great area for motorcycle enthusiasts. Warm spring days, leisurely summer nights, and colorful, crisp fall afternoons may entice riders to enjoy an environmentally friendly and economical mode of transportation. Unfortunately, even though motorcyclists have an equal right to use and enjoy public roadways throughout the state, not every motorist gives riders the respect and attention that they are due. Traumatic, life-changing motorcycle accidents may result, and fatalities may happen in the most severe cases. If you have been injured in a crash or have lost a loved one in a wreck, the Charlotte motorcycle accident lawyers at Maurer Law can help you pursue fair compensation from the party whose negligence caused the crash.
Holding a negligent driver financially accountable for an accident is not an easy task. It takes dedication, skill, perseverance, and hard work. At Maurer Law, we have been representing people whose lives have been shattered by motor vehicle collisions for many years. We understand what it takes to properly investigate a serious or fatal crash, and we regularly work with a number of professionals, including accident reconstructionists, whom we can retain to testify at trial if necessary. We also work with medical providers to secure our clients’ medical records, often utilizing expert testimony so that the full extent and nature of a rider’s injuries can be explained to the jury. This may help the jury decide the amount of compensation to which an injured person or a deceased person’s family is entitled.
Negligence cases require proof, by a preponderance of the evidence, of four distinct elements. Our motorcycle accident attorneys can guide Charlotte residents through this process in detail. The first element is duty. The plaintiff must show, usually by reference to a statute, an ordinance, or existing case law, that the defendant owed a certain duty of care to the victim. Second, the plaintiff must show that the defendant breached the duty of care that they owed. This is usually a factual question to be determined by the jury.
Next, the plaintiff must be able to show that there was a link of causation between the defendant’s breach of duty and the accident. Only if the harm in question was foreseeable, given the defendant’s actions or inactions, does causation exist in a certain case. Finally, the plaintiff will need to prove that they sustained actual “damages” due to the defendant’s breach of duty. This is typically not challenging to prove in motorcycle crash cases because the harm suffered by a rider is usually devastating. There may be some situations, however, in which a dispute over whether the victim suffered from a pre-existing condition arises.
If a plaintiff is able to prove all four elements of negligence, they may be able to recover damages for past and future medical costs, lost wages, property damage, and pain and suffering. Different types of damages may be available in wrongful death cases, including funeral and burial costs and other compensation for certain surviving family members, who have lost the companionship, consortium, and support of their loved one.
The more time that passes between a motorcycle accident and the time that a victim or a family contacts a motor vehicle collision attorney, the more difficult it may be for the case to eventually reach a successful conclusion. This is because the defendant’s insurance company typically takes a very proactive approach, knowing that being prompt to investigate the scene, interview witnesses, and gather evidence is critical in establishing who was at fault in an accident in which liability is contested. To schedule a free consultation about your case with a knowledgeable Charlotte motorcycle accident attorney, call Maurer Law today at 704-243-9292 or contact us online. We accept many cases on a contingency fee basis, so you do not need to wait until you can afford to pay legal fees upfront to get started on your case.