What Must You Prove? Who Determines the Standard for Negligence?

You’ve been hurt in a motorcycle accident, either as a passenger or while operating the bike? Maybe another motorist pulled in front of you when you had the right of way. Maybe another driver veered into your lane without looking. Though you can always file a lawsuit for losses caused when someone else intentionally causes you injury, as a practical matter, most accidents are the result of carelessness, negligence, or a failure to pay proper attention.

What Do You Have to Prove to Show Negligence?

A legal claim of negligence requires that you prove that the defendant (person from whom you seek compensation) failed to act as a reasonable person would have under the circumstances. For example, if a motorist rolled through a stop sign and hit you, your claim of negligence would be based on the argument or allegation that a “reasonable person” would have come to a complete stop and looked both ways before going forward.

Ultimately, the jury will decide what would have been reasonable behavior, as well as whether the defendant’s actions were reasonable. To support your claim, you’ll want to provide evidence of the defendant’s failure to act reasonably. That may come in the form of physical evidence…skid marks at the scene, accident reconstruction models from an expert, or an examination of the damage to the vehicle. Additionally, it may come in the form of testimony from eyewitnesses (including you and passengers in your vehicle).

Don’t be surprised if the defendant introduces evidence that seems to contradict yours. To succeed in a personal injury lawsuit, you must convince the jury that your version of the facts is more believable than the defendant’s story—what is commonly referred to as a “preponderance of the evidence.”

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.