Proving Negligence After a Colorado Motorcycle Accident | Fuicelli & Lee
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Proving Negligence After a Colorado Motorcycle Accident

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November 15, 2022 Motorcycle Accidents

Motorcycle accidents often result in severe injuries and property damage, but many motorcyclists do not know exactly how to prove that another party caused the incident. We strongly encourage motorcycle accident victims to work with an attorney who can help them through this process. Here, we want to discuss the elements of negligence that need to be in place for a motorcycle accident claim to be successful.

Establishing a Duty of Care

After a motorcycle accident occurs in Colorado, the first step in recovering compensation will be showing that the at-fault party (the defendant) owed a duty of care to the injury victim (the plaintiff).

Any driver on the roadway automatically owes a duty of care to others around them. A driver’s duty of care involves operating their vehicle safely and in a manner that will not bring harm to others around them, including other motorists, bicyclists, motorcyclists, pedestrians, etc.

Establishing a duty of care in these situations typically involves showing that the defendant was indeed operating another vehicle at the time the incident occurred.

Proving a Breach of Duty

After showing that the defendant did owe a duty of care at the time of the incident, an injury victim and their legal team will need to show that the defendant somehow breached the duty of care they owed to others around them, particularly the plaintiff.

There are various ways that motorists can breach their duty of care. This includes, but is not limited to, speeding, operating while impaired by alcohol or drugs, operating while distracted, driving while fatigued, failing to heal the right of way, and various other traffic law violations.

Showing Causation

After establishing that the defendant owed a duty of care to the plaintiff and then breached that duty, this is still not enough for a claim to be successful. It must be shown that the breach of duty is what actually led to the plaintiff’s injuries. There are times when a breach of duty does not necessarily mean that the defendant caused the injury. There needs to be enough proof to show a jury that it is more likely than not that the breach of duty caused the injuries.

Examining Damages

The final step in this process is showing that the plaintiff sustained monetary losses as a result of the injuries they sustained due to the defendant’s breach of duty. There are various types of losses that would qualify as damages, including medical expenses, lost income, emotional and psychological pain and suffering, physical pain and suffering, property damage expenses, out-of-pocket losses, and more.

Working With an Attorney

Motorcycle accident claims in Denver can be challenging, and we strongly encourage all victims to secure assistance from a motorcycle accident lawyer who has experience handling these claims. An attorney will be able to get involved quickly and handle every aspect of the case. This includes the investigation, all communication with other parties involved, adequately calculating total expected losses, and taking the case to trial if necessary.