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With a four-season climate, beautiful scenery, and plenty of appealing destinations, Greensboro is a great city for motorcycle enthusiasts. Riders enjoy not only an entertaining form of transportation but also one that is both economical and environmentally friendly. Of course, the very nature of a motorbike is such that a rider is more vulnerable in a motorcycle accident than they would be inside a larger vehicle. While this fact should make other motorists more attuned to cyclists and more careful in their presence, this is rarely the case. Instead, negligent motorists often breach their duty of care to riders, causing injuries and sometimes deaths. The Greensboro motorcycle accident lawyers at Maurer Law have the experience and knowledge to assist you in an attempt to hold an at-fault motorist liable following a serious or fatal crash.
A motorcycle accident can happen in many different ways, but some of the most common accident scenarios involve distracted driving, driving under the influence, and excessive speed when the motorist is unable to stop in time to avoid a collision. Failing to yield the right of way to a motorcycle rider is also a frequent cause of accidents. Regardless of the cause – or how obvious fault may seem – the plaintiff in a motorcycle accident lawsuit has the burden of proof. This means that they must prove all of the elements of negligence by a preponderance of the evidence. This is not an especially demanding standard, but it still means that the plaintiff must provide credible evidence that means that their version of events is more likely than not true.
There are four elements to a negligence claim. Our motorcycle accident attorneys can help Greensboro victims gather evidence to prove each of these elements. First, the plaintiff must prove that the defendant owed them a legal duty of some sort, which can be as simple as the duty to keep a proper lookout when driving. Second, the defendant must prove that the defendant breached the duty of care, which means that they did not do something that should have been done or took an action that should not have been taken. Also, the plaintiff must prove that there was a link of causation between the defendant’s breach of duty and the plaintiff’s injuries, and the injuries must have resulted in quantifiable damages.
Under North Carolina’s extremely harsh contributory negligence law, a defendant who is proven negligent does not necessarily need to pay compensation to an injured person or the family of a person killed by the defendant’s actions or inactions. If the defendant can show that the motorcycle rider contributed to the cause of the accident – even just a little – the plaintiff will be barred from recovery. (Most states have more logical “comparative fault” laws that may reduce a plaintiff’s compensation or prevent recovery only when the plaintiff is at least 50% at fault.)