For any personal injury case to be successful in Pensacola, certain elements must be met. This is as true of motorcycle injury cases as of any other type of case. Without the necessary elements in place, a personal injury case involving a motorcycle accident will not proceed.
Duty of Care
The first element is the duty of care. When a person drives any type of vehicle on a public or private way, they accept the responsibility of driving in a way that is not reckless or dangerous.
The person who possessed the duty of care must have behaved in a negligent manner. Typically in a motorcycle accident case, this means that a driver made a maneuver that was either illegal or dangerous. A reasonable person operating the same type of vehicle would not have made the maneuver because they knew that it could lead to an accident.
The victim must have suffered an injury that required medical attention. For example, a person isn’t going to file a personal injury lawsuit because they suffered a minor contusion. A person would file a lawsuit if they suffered a broken bone or traumatic head injury.
Injury a Result of Accident
The victim must be able to prove that the injury was directly related to the accident. That means that an old injury can’t be, in most cases, aggravated by the accident, but that a new injury occurred.
If you have been involved in a motorcycle accident and are wondering whether you have the elements necessary for a successful case, an experienced personal injury lawyer can help you.