Motorcycle collisions represent some of the most difficult cases to present to a jury and as a result, these cases can be difficult to resolve without a trial. Because of this, it is imperative to begin building a case early so that the necessary evidence can be collected as close in time to the incident as possible. In many respects evidence in motorcycle collisions can be lost due to weather conditions, lack of thorough investigation, failure to document injuries or failure to document the scene of the incident. These failures can lead to an inability to bring a claim, inability to properly and effectively litigate a claim or an inability to effectively present all of the underlying facts to a judge or jury. In many respects, these issues can be avoided by engaging legal counsel as soon as possible after a rider is involved in a collision and sustains injuries. Our injury attorneys at Conway, Londregan, Sheehan & Monaco have significant experience in handling these types of cases and ensuring that the information necessary to provide aggressive representation to a client is properly preserved.
Experienced Motorcycle Accident Attorneys
As experienced motorcycle accident attorneys, we do not wait to begin assembling the necessary materials and conduct an investigation into your case. Instead, we immediately begin to gather evidence, document necessary facts and witnesses in order to put our clients in the best position to present their case to a judge or jury. In addition, our motorcycle accident attorneys will work with necessary motorcycle experts and accident reconstructionists to analyze any issues or potential defenses to a claim so that our attorneys are well positioned to protect our clients’ rights.
Protecting Motorcycle Riders’ Rights and Safety
Unfortunately, many motorcycle riders are subjected to a stigma when collisions occur. That is, whether an incident occurs on I95 in New London or in any of the various shoreline towns of Connecticut or on one of the many well-travelled routes in Tolland, Hartford, or Windham counties, it is often assumed that the motorcycle operator was at fault, acted recklessly or otherwise caused the incident. The fact is that motorcycle riders are vulnerable on the streets and the safety and security of motorcycle operators is truly subject to the actions of other drivers on the roadway, many of whom are operating much larger and less exposed vehicles. For these reasons, it is imperative that a motorcycle operator engage counsel as soon as possible after an incident occurs so that your motorcycle accident attorney can begin to investigate the facts and circumstances of the collision immediately.
Litigating a Motorcycle Collision Case in Connecticut and Rhode Island
At Conway, Londregan, Sheehan & Monaco, our attorneys have represented motorcycle riders and their passengers, or family members in cases involving serious and catastrophic injuries, including death. Regardless of the injuries suffered by the motorcycle rider, these cases are difficult and oftentimes emotional for all involved. Our knowledge and experience allow us to start the case off on the right path and immediately begin gathering evidence and facts that will be necessary for litigation and trial. Taking this approach with an eye towards trial and considering how a jury will hear a case from the outset allows our experienced attorneys to properly position the motorcycle accident case for any ensuing litigation. Whether your case is litigated through trial, resolved before a lawsuit is filed, soon after a lawsuit is filed, or on the eve of trial, having positioned the case for trial from the outset, our attorneys will be prepared to leverage that approach to obtain the best possible result or if necessary try the case to the judge or jury.
Determining Fault and Damages In Motorcycle Accidents
Connecticut follows the law of comparative negligence when determining fault in a motorcycle accident or any motor vehicle accident. This means that for the purposes of litigating a case in Connecticut, all parties involved in the motorcycle accident can be found responsible. In Connecticut, your recovery after a motorcycle accident is limited to compensation for physical injuries and losses only if your responsibility for the motorcycle accident is 50% or less. This means that an individual seeking recovery for losses suffered as a result of a motorcycle accident must prove that the other driver was more than 50% at fault for the collision and that the other driver was negligent in some way. In order to prove the other party’s negligence in a Connecticut motorcycle accident, you must show:
- The other driver owed the motorcycle operator a duty of care;
- The other party breached that duty in some way;
- The other party’s breach caused injuries to the motorcycle operator;
- The motorcycle operator suffered damages or losses as a result of the motorcycle accident.
Our Connecticut motorcycle accident lawyers will gather and document all of the facts and evidence necessary to effectively question and call witnesses, and to provide motorcycle accident experts who can testify in order regarding the other party’s negligence in leading up to the motorcycle crash that caused your injuries.
Recovering Damages for Injuries Suffered In a Motorcycle Crash
Under Connecticut law, an individual involved in a motorcycle collision may recover various types of damages. In seeking to compensate a victim for injuries suffered in a motorcycle collision, an award of damages may include:
- Economic damages: These damages include economic losses such as bills that are incurred as a result of a motorcycle accident including medical bills, repair bills, costs of medication and future bills that may be incurred for medical treatment…etc. These damages may also include lost wages and time lost from work.
- Non-economic damages: These damages include losses like pain and suffering and loss of enjoyment of life and other losses that are more difficult to calculate.
- Punitive damages: These damages include damages that are intended to punish the party at fault where their actions or inactions show extreme recklessness, carelessness, intent or malice, and extreme disregard for human life.