Liability is the most crucial element in a motorcycle accident claim. This basically means: who was responsible for causing the accident? There must be someone who was responsible for causing your injuries, otherwise there will not be much of a claim.
Also, you must be able to prove that someone else was negligent and responsible for causing your injuries and property loss after a motorcycle accident. Finally, an injured individual must be able to prove that someone else’s negligence was the cause of any injuries and property loss sustained.
For example, if you were hit from behind while at a red light, but were not hurt and did not suffer any property loss, it’s not likely that you will recover many damages. This is despite the fact that the other driver was clearly negligent and at fault for hitting you. However, because you weren’t actually hurt and did not suffer any property loss, any damages will likely not even be worth the trouble fighting over.
On the other hand, you could have been seriously hurt and totaled your motorcycle, but if the other driver was not negligent, you would not likely receive anything. However, if you were seriously hurt and totalled your bicycle because the other driver was indeed negligent, available damages will be much greater.
Before discussing available damages, we will discuss the difference between settlement and trial value.