If someone is involved in a motorcycle accident and they pursue a personal injury case, the at-fault driver and their insurer are likely to argue against the claim. To ensure the solidity of the case, learning about common defenses and hiring a motorcycle accident lawyer in Norwich, CT are very important. Below are the defenses most commonly used in motorcycle accident cases.
The Rider Violated the Law
A defense commonly used by drivers is that the motorcyclist was in violation of the law at the time of the accident. Riders must follow specific laws on things such as riding abreast and carrying packages, and if the at-fault party can prove that a violation occurred, the defense may be successful.
The Rider’s Speed Was Excessive
The other side may make the argument that the rider’s speeding caused the accident. If the other party’s attorney can prove that the rider was speeding, or that another violation occurred, the motorcyclist may be found partially or totally responsible for the accident. Connecticut is a modified comparative negligence state, which means a victim can only recover if they are less than 51% at fault for an accident.
The Rider Was Impaired
A common defense to motorcycle accident cases is that the rider was impaired by alcohol or drugs when the accident occurred. If a motorcyclist was under the influence, their ability to recover damages might be severely limited. The court or the other party’s insurer will assign the rider a portion of the fault, which may affect the recovery or prevent it completely.
The Rider Didn’t Wear a Helmet
While riders over 18 aren’t required to wear helmets if they have a motorcycle license, not wearing a helmet can cause issues with a claim if neck or head injuries occur. The other driver or their insurer may argue that the rider’s injuries may have been less severe had they worn a helmet. Such an argument can increase a rider’s comparative negligence and reduce the recovery. Talk to a motorcycle accident lawyer in Norwich, CT about proving that helmet use had no effect on the injury’s severity.
If someone is in a motorcycle accident in or near Norwich, an attorney with the office of Stephen M. Reck can anticipate these defenses and address them correctly. Call or visit our website to find out how an attorney can help an injured rider make an appropriate recovery.
