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What to Do If You’ve Been Injured in a Motorcycle Accident in Philadelphia, PA
Motorcycle riders gladly accept the trade-off of being able to enjoy the freedom of riding on the open roads in exchange for less protection than drivers in cars and trucks. While there are added risks, many riders also take extra precautions to ensure they are as safe as possible, wearing appropriate protective gear and driving defensively at all times. However, despite those efforts, some riders do become motorcycle accident victims in Philadelphia and the surrounding communities. When this happens, it’s critical to seek out an experienced motorcycle accident attorney to represent your interests.
Proving Negligence is the Key to Winning a Motorcycle Accident Case
When an accident is due to the negligent or reckless actions of another driver, or due to poorly maintained road conditions or signage, a rider can seek damages for medical bills, lost wages, and pain and suffering.
Proving negligence means that the person responsible for any injuries or losses becomes legally liable. To win any negligence case, the injured party must prove four elements against the defendant. Those elements are:
- Duty. It must be shown a defendant had a duty to the plaintiff. In a motorcycle accident, a defendant has a duty to drive responsibly and with care while sharing the road with a rider and other vehicles.
- Breach. It must be proved that the defendant breached that duty by failing to drive in a safe and appropriate way. Speeding or texting while driving could be considered breaches.
- Causation. It must be demonstrated that the defendant’s actions or lack of actions caused the plaintiff’s injuries.
- Damages. It must be documented that there were actual losses to the plaintiff as a result of the defendant’s actions. Presenting medical bills and documentation of time missed at work are considered actual damages.
Our Philadelphia, PA Motorcycle Accident Attorneys Will Protect Your Rights
If you’re a motorcycle rider who has been injured due to the negligent or reckless actions of another, contact Master Weinstein and Moyer to make sure your legal rights are fully protected. With many years of experience representing riders just like you, we serve clients in Philadelphia and the surrounding Pennsylvania, New Jersey, and New York communities.