Getting Help With A Lawyer

3 Defense Strategies A Motorcycle Accident Lawyer Can Use In Your Case

According to statistics, 11% of road accidents in the US involve motorcycles, and hundreds of people incur injuries or death. In such accidents, the plaintiffs will sue for compensation, especially when the defendant is fully responsible for the accident. 

If you are a defendant in a motorcycle accident, you should hire a competent motorcycle accident lawyer to defend you in court. 

Here are some winning strategies the defense can use to help you. 

1. Falsified or Exaggerated Accusations

In a motorcycle accident case, the plaintiff will want to cash in as much compensation as possible. While this is within their rights, it's only fair that they use correct information to push for a payout. Unfortunately, the plaintiff might claim more than they should with falsified or exaggerated medical documents. They can even present an over-calculated figure for the loss of future wages. 

Your motorcycle accident lawyer can help you avoid paying exaggerated payments to the plaintiff. For instance, with the court's approval, you can hire an independent medical professional to assess the plaintiff's condition. While this might not be enough to dismiss the case against you, the medical can identify over-calculated expenses or falsified medical information. 

2. Argue Against the Duty of Care

Your motorcycle accident attorney can also defend you from accepting the duty of care to the plaintiff. After an accident, the at-fault party can be compelled to accept a duty of care to the victim, depending on the defendant's liability. The plaintiff must provide enough evidence to prove beyond reasonable doubt that you (the defendant) are fully responsible for the accident. 

The lawyer can gather evidence to prove that you weren't fully responsible for the accident or that the plaintiff is also liable. Your attorney might have to revisit the accident scene, speak to witnesses and assess the evidence against you to find the information they need to defend you. 

3. Comparative Negligence

As a defendant in a motorcycle accident case, comparative negligence may bind you to compensate the plaintiff. In some states, comparative negligence argues that a plaintiff should get some compensation even when they have partial liability in the accident. Other states apply modified comparative negligence where a plaintiff is not entitled to compensation for their injuries if they are liable for the accident. 

When facing a motorcycle accident lawsuit, your lawyer should identify the level of fault from the plaintiff and use that to argue in your defense. For instance, if the plaintiff suffered head injuries from the accident, the prosecutor can argue that the extent of injury resulted from the accident's impact. However, your lawyer can argue that the plaintiff wasn't wearing protective gear like a helmet. 

Reach out to a local motorcycle accident lawyer for more information.