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How do you prove negligence after a motorcycle accident?

You've been in a motorcycle accident in Iowa, and now you have questions. Who is going to be held liable? How can you seek compensation? What do you have to do to prove negligence? These are all important questions that need to be answered for your case to move forward.

To prove that someone has been negligent, you need to prove that the person was being careless while driving. Comparative negligence can be used to define the degree of carelessness that resulted in the accident. For instance, a brake light being out on a car could be comparatively negligent. Texting while driving is also able to be proven as negligence.

If you were hit and are able to prove that the other party was responsible, then you will be able to make a claim for compensation. For example, if you were struck by a car that was turning left, it's almost always true that the person driving the car will be held liable for the motorcycle accident. If you weren't speeding or violating traffic laws, it's likely that you can take them to court over the money you've had to spend on your medical bills and for the injuries you've suffered.

Before you reach the courts, you may receive insurance payments to cover your injuries and time off work from your own insurance provider. This can help you in the short term. If you end up getting compensation from the person responsible, remember that you may have to pay back your own insurance company for the money they paid out to you. When you consider your legal options for a settlement or claim, the amount you'll have to pay back should be part of that equation.

Source: FindLaw, "Motorcycle Accident FAQ" Oct. 01, 2014

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