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HOW CAN YOU PROVE NEGLIGENCE IN YOUR MOTORCYCLE ACCIDENT LAWSUIT?

Mar 05, 2021
Even people who have never been to law school have heard the word negligence. Most of them understand what it means. Negligence is another way of saying that somebody didn’t behave the way they should have and, as a result, somebody else was hurt. As familiar as someone may be with the term, they probably don’t know what it really means, not from a legal perspective. And why should they? Your SW Michigan motorcycle accident lawyer knows exactly what the term means. They also know it’s a lot harder to prove negligence than many people would think.

Just because you’re in a motorcycle accident, that doesn’t mean you’re automatically entitled to a ton of money. In order to get you any money at all, your Kalamazoo motorcycle accident lawyer has to prove two things in order to win your case. First, they have to prove that the defendant was responsible for your accident. The second thing they need to do is prove that you suffered damages. It’s not enough to say that you were in a horrific motorcycle crash. Your Kalamazoo motorcycle accident lawyer has to prove a lot more than that if you’re going to be compensated for your injuries. 

What is Negligence and How Can Your SW Michigan Motorcycle Accident Lawyer Prove It?
As mentioned earlier, negligence is when somebody doesn’t act the way a reasonable person would have given the same circumstances. For example, if a doctor notices that their patient is displaying symptoms of an illness, they should run the necessary tests to diagnose their illness. That’s what’s expected of a licensed physician. If, instead of doing this, a doctor sends the patient home and tells them to take a few aspirin, he could be found negligent. If that same patient dies from a heart attack that night, it’s not a far stretch to point to the doctor. Had they done the necessary tests, like a normal doctor would, they probably could’ve prevented the heart attack.

In a motorcycle accident, it’s a little different. However, it’s still negligence. Your Kalamazoo motorcycle accident lawyer will have to prove the following:
  • The other driver owed you a duty of care – All motorists owe a duty to other drivers. At a minimum, they’re expected to follow all traffic laws. 
  • The defendant breached their duty of care – Your Kalamazoo motorcycle accident lawyer has to show that the other driver didn’t behave the way a reasonable driver would have. For example, if they are speeding, they aren’t following the speed limit. That would constitute a breach of duty.
  • You were hurt – It isn’t enough that you’re involved in a motorcycle accident. Your Kalamazoo motorcycle accident lawyer has to show that you actually suffered some sort of injury. This could be a physical injury. But it could also be things like lost wages, property damages or medical bills.
  • Your injuries were caused by the defendant’s breach of duty – You also have to show that your injuries (losses) were caused by the defendant’s actions. For example, imagine you sue the defendant for damage to your motorcycle. If the defendant’s lawyer can prove the damage was there before the crash, you won’t be able to recover damages. 

What Happens if You’re Partially at Fault?
It’s important to keep in mind that it’s very rare for any one driver to be 100% at fault in a motorcycle crash. Even if the other driver caused the crash, you may have done something that contributed to the accident. Maybe you were going a few miles above the speed limit when the defendant rear-ended you. Or perhaps your brake light was out, and the other driver didn’t see you coming to a stop. Some car accident victims fear that this could prevent them from collecting damages. That isn’t necessarily true. This is because Michigan follows the comparative negligence rule. As long as you’re less than 51% at fault, you can still demand compensation. However, your damages will be reduced by your percentage of fault. So, if your damages are $100,000 and you’re 20% at fault, your damages will be reduced by 20%. 

Reach Out to an Experienced SW Michigan Motorcycle Accident Lawyer Right Away
If you’re hurt in a motorcycle accident, it’s a good idea to contact an experienced motorcycle accident lawyer in Kalamazoo, MI. This way, they can worry about proving negligence while you focus on getting better. Call our office and schedule your free, initial consultation today.
06 Apr, 2021
Every year in the U.S., 300 to 400 people die in wrong way accidents. One out of every 100 vehicle fatalities happens in these types of crashes. West Michigan alone, had 26 wrong way collisions happen from 2014 to 2018 just on freeways and expressways alone. Wrong way accidents occur when a driver enters a one-way road traveling the wrong direction and causes a crash with a vehicle traveling the correct way. The most severe wrong way accidents typically occur when a driver enters an exit or entrance ramp traveling the wrong direction, but these crashes can also happen on one-way streets in urban and residential areas. NEGLIGENCE-RELATED WRONG WAY CRASHES When a driver travels the wrong way on an entrance ramp, exit ramp, or one-way street, there could be several contributing factors, including: Impairment (drugs or alcohol) Distraction Unfamiliarity with a location It’s up to each driver to make sure they’re following the rules of the road. This means staying sober and focused behind the wheel, in addition to paying close attention to the traffic signs and signals placed around intersections. In most cases, signs and signals are adequate enough to alert drivers that they’re turning the wrong way on roads. However, the visibility and placement of signage can also make wrong way accidents more likely. HOW INFRASTRUCTURE CONTRIBUTES TO WRONG WAY ACCIDENTS The way that intersections are built and signs are erected can also contribute to the occurrence of wrong way accidents. A few examples include: Failure to clearly mark ramps Failure to place signs clearly or in locations where signs are fully reflective at night Missing signs Improper ramp design Low sign visibility due to obstruction by buildings, vegetation, or other objects Though infrastructure can be a contributing factor to wrong way accidents in Michigan, the state is taking steps to make our roads as safe as possible. Over the past couple of years, MDOT has released multiple reports detailing ways to prevent wrong way accidents along with implementing numerous safety measures to grow our highway safety infrastructure. The findings came after the completion of a three-year pilot study in which different methods of wrong way accident prevention were implemented on designated roads in California. The pilot study tried strategies including: Two-way reflective pavement markers that show white or yellow to right way drivers, and red to wrong way drivers “Wrong Way” signs at the off-ramp “Do Not Enter” signs equipped with LED lights flashing 24 hours a day Active monitoring systems that use radar to detect wrong way drivers and LED signs that activated when a wrong way driver entered the ramp. The implementation of reflectors resulted in a 44% decrease in wrong way accidents on one stretch of road, leading Caltrans to install reflective markers on hundreds of miles of highways in the state. As Michigan takes steps to address infrastructure shortcomings that make wrong way accidents more likely, it’s up to drivers to do their part in keeping our roads safe. IF YOU NEED LEGAL HELP, CONTACT US At Gergley Law Office, our SW Michigan car accident lawyers have years of experience holding negligent drivers responsible, including those who cause wrong way accidents. If you’d like to speak to our team, contact us today for a free, no-obligation case assessment.
12 Jan, 2021
After a car accident leaves you with injuries and damages that weren’t your fault, you could choose to file a claim against the person or party responsible for your damages. Hiring a car accident lawyer to represent you by fully investigating what happened and building a strong case would benefit you and ensure that you don’t have to take on the legal process alone. If your crash happened in Kalamazoo or SW Michigan, then Gergley Law Offices, P.C. would be able to take your case and help you get the compensation that you deserve. Those injuries and damages that you incurred from the accident are the foundation of your car accident claim and why you’re seeking compensation, but there are many other factors that go into how much a full and fair settlement would be for you. Let’s take a look at the top 25 factors that can affect your car accident settlement. Who Was at Fault? Fault is one of the most important aspects of your car accident claim. Your case will hinge upon proving the responsible party’s negligence, or anything else they did that caused the accident. Here are some factors regarding fault that can affect your car accident settlement amount: What percentage was the other party at fault? Was the at-fault party drinking or on drugs? What percentage, if any, were you at fault? Is the party at fault a person or an entity, like a company? Did a defective product cause the accident? What Actions Were Taken? Immediately after an accident, there are some key things that should be done in order to get everyone the help that they need, or so that you can gather evidence to help prove what happened. When you follow the proper steps in reporting an accident and getting medical care, it makes your case stronger. When you don’t take any action immediately following your accident, however, it can lessen your settlement amount. Here are some factors from right after an accident happens that can affect your settlement amount: Were emergency services called so that police could arrive on the scene? Did the police make a report of the scene? Did you ask any witnesses for their information to give a testimony about what they saw? Did you speak objectively to the police? Did you take photos of the scene? Did you seek medical attention? Did you follow your doctor’s treatment plan? Did you seek mental health services for emotional injuries? Did you file an insurance claim? What Costs Did You Incur? The bulk of the calculation of your settlement amount focuses on the costs that the accident directly caused for you. If you suffered from an injury and went to the hospital, or got property damage repaired, you should keep the receipts and paperwork so that you have proof of those costs. Your car accident lawyer will compile all of your bills, costs, and lost wages to figure out what a full and fair settlement would be for you. Here are some of the different financial factors that will affect your settlement: Do you have copies of your medical bills? Did you attend all of your doctors’ visits and keep the bill from them? Did you fill and refill your prescription? Are you permanently or partially disabled from the injury? Do you have the receipt from fixing any property damage? Have you been missing work because of your injury? Do you have people, other than yourself, to support financially? Other Factors That Affect Your Settlement Every aspect of your life prior to the accident, and every choice you made after the accident has the potential to affect your case and your subsequent settlement from the claim. Here are some of the other factors that can affect your settlement from your car accident claim: Are you married? Do you have children or other dependents? Do you have car insurance and uninsured motorist coverage? Did you hire a car accident lawyer? Hire Gergley Law Offices, P.C. to Represent You When you’ve been involved in a car accident that wasn’t your fault, and you incurred injuries that require medical treatment, or damages that need to be repaired, you shouldn’t be responsible for paying those costs. That’s why hiring a Kalamazoo/SW Michigan car accident attorney from Gergley Law Offices, P.C. will benefit you. With our legal help, you’ll be able to feel confident in your case. We’ll handle the legal side of things so you can focus on what matters—healing and getting back to your normal life.Contact us today so we can start discussing your potential claim.
29 Dec, 2020
Sustaining an injury often means that victims face significant setbacks in their lives. Every time somebody is injured due to the careless or negligent actions of another individual, company, or entity, they should be able to recover compensation for their losses. Sometimes, injury victims have to file personal injury lawsuits against the person or entity that caused the accident. Here, we want to discuss personal injury case timelines and what can affect the overall flow of a case. The Timeframe Will Vary – Weeks, Months, or Years No two personal injury cases are exactly alike, and there is no set timeframe for how long one particular case will take to conclude. It is important to point out that most personal injury claims are resolved through settlements with insurance carriers. While there is some variation when it comes to negotiating with insurance carriers, most insurance settlements are paid within a month to six weeks after the incident occurs. However, if an insurance carrier refuses to offer a fair settlement or denies a claim, it may be necessary for the injury victim and their attorney to file a personal injury lawsuit against the alleged negligent party. Your Medical Care Drives the Timeline The most important aspect after sustaining an injury is seeking medical care. Your case cannot settle until after you have reached what doctors call maximum medical improvement. There is no way that an injury victim can properly settle their case without knowing exactly how much their total medical bills will be. We encourage every injury victim to continue all medical care recommended by their doctor. The Investigation into the Incident After a lawsuit has been filed, the attorneys will conduct a complete investigation into the incident. They will gather all evidence in the case, consult with trusted medical experts, and reconstruct the accident if necessary. After a lawsuit has been filed, there will be what is called the “discovery phase,” where attorneys from both sides will share evidence they have gathered with one another. Depositions may need to be taken from any witnesses involved in the case. Lawyers Making Demands and Negotiation Most personal injury cases are settled before they go to a full jury. Attorneys from both sides will continue negotiating throughout the civil personal injury lawsuit process. In some cases, this negotiation may take place in a formal mediation session ordered by the court. If a settlement is reached, this will effectively end the lawsuit. However, if a fair offer is not made or accepted, it will be necessary to take the case to trial. The full personal injury lawsuit process can take anywhere from several months to a year or more to reach a conclusion. Working with an Attorney Can Help Move Things Along If you or somebody you care about has been injured due to the careless or negligent actions of somebody else, you need to consider working with the skilled attorneys at Gergley Law as soon as possible. An attorney with experience and legal knowledge will understand the ins and outs of these cases and be able to move your case towards the path of maximum compensation. As personal injury lawyers in Michigan, we will also understand how to move a case along if it seems to be stuck in the mud. You need an advocate for these cases, and there is no harm in seeking a free consultation to gain an understanding of what needs to happen moving forward.
24 Nov, 2020
Preventable truck accidents take thousands of lives in the US every year. In 2018 alone, 4,862 trucks were involved in fatal traffic collisions, according to data from the Federal Motor Carrier Safety Administration (FMCSA). Truck driver fatigue is a significant cause of catastrophic and fatal trucking accidents. Fatigue refers to extreme tiredness or exhaustion – a state that makes it unsafe to operate a commercial motor vehicle. If truck driver fatigue caused your recent accident, the trucking company may owe you compensation. Causes of Driver Fatigue Fatigue can occur when a truck driver drives past the accepted hours of service regulations. The FMCSA institutes hours of service regulations to improve the safety of long-haul trucking. These regulations prohibit commercial drivers from exceeding 11 hours on-duty after 10 hours off, as well as exceeding 14 consecutive hours of driving in a single day. Drivers must also take driving breaks after a certain number of hours on the road. Ignoring or breaking these regulations is a common cause of fatigued driving accidents. Truck drivers are also more likely to drive fatigued due to the nature of the job. Long hours spent alone on the road can increase the risk of drowsiness. Some truck drivers turn to stimulants to stay awake, such as coffee, energy drinks or drugs, only to experience a dangerous drop in energy later. Finally, truck drivers are prone to sleep apnea and other sleeping problems due to strange sleeping schedules, obesity, poor health habits and smoking. Sleep apnea can interrupt a good night’s rest and increase fatigue during the day. What to Do If Fatigue Is the Suspected Cause of a Truck Accident A truck accident involving a fatigued driver could be catastrophic for victims. Drowsy driving collisions often include speeding, lack of braking and a driver crossing a median into opposite-direction traffic. These are circumstances that can exacerbate the severity of a truck accident in Michigan. If you were injured in a truck accident and believe truck driver fatigue played a role, take certain steps to protect your rights. Call the police. Remain at the scene of the wreck. Do not admit fault. Speak to eyewitnesses. Take photographs. Get the truck number and driver’s information. Go to the hospital. Keep copies of medical records and accident reports. File your initial insurance claim with the truck driver’s insurer. Contact a truck accident lawyer in Kalamazoo and SW Michigan for claims assistance. An attorney who specializes in truck accidents could help you investigate the accident and obtain evidence of truck driver fatigue. Information from the truck’s black box, for example, could show proof of speeding or lack of brake use, while an electronic logging device could show that the driver exceeded his or her hours of service regulations. A Kalamazoo and SW Michigan can gather key evidence for a case against the driver or company on your behalf. Who Is Responsible If a Driver Is Fatigued? Michigan is a no-fault car accident state. This makes it necessary for injured crash victims to document and contact an experienced and well-versed counselor before attempting to recover any compensation. You may assume a truck driver would be liable for an accident caused by truck driver fatigue. While it may have been the driver who specifically caused your crash, the rules of vicarious liability make the driver’s employer liable for your damages. Thus, trucking companies are responsible for truck driver fatigue, in most cases. It is a trucking company’s responsibility to properly train its drivers, including requiring them to obey the FMCSA’s hours of service regulations. Truck companies should not encourage their drivers to exceed the number of accepted hours on the road to make deadlines or meet goals for bonuses. These are examples of negligence that could make the trucking company responsible for a related wreck. The company could also be vicariously liable for the negligence of its truck drivers – including a driver who drives while fatigued. You can Contact Us here, or call 269-679-4263 for help determining whether or not there is a case for an accident caused by truck driver fatigue in Kalamazoo and SW Michigan.
09 Nov, 2020
After a catastrophic event, whether it be a workplace accident, serious injury, motor vehicle accident, injury on another’s property or severe harm from a defective or dangerous product, you likely will hear from the at-fault person’s insurance company soon after. As you take care of the aftermath of the accident, this settlement offer adds extra confusion. The reality is, this initial settlement offer from the insurance company will only be a fraction of the full extent of the damages you suffered. Figure the full cost of your injuries When assessing the full cost of the accident, you need to think about several questions: Did my injuries cause me to miss work and lose wages? Am I still missing work and losing future wages? Will a family member need to take care of me and stop their own employment? Did my injuries affect my personal and family life? Will I need to seek disability benefits because of my lasting injuries? These factors, along with expenses such as your initial emergency medical care and ongoing medical treatment, begin to show a better picture of how your serious injury truly impacted you. How you should proceed You should never accept a settlement without first consulting with an attorney. The insurance company contacts you right after the injury as a business strategy. The lowball settlement offer will not cover the extent of your financial burden. The insurance company will hold you to any sort of agreement to the offer even if you have not signed a release or deposited the check, so do not accept it in any way, even verbally. Please contact Gergely Law Offices, P.C. and speak to our injury professionals so that we can assist you through your difficult times. We have over 50 year of experience in dealing with injury cases in Michigan and our family is here to help yours. You can call us at 269-679-4263 or you can Contact Us here.
27 Oct, 2020
Some dogs, often due to past trauma, just have an aggressive temperament. They may bite at almost any time. Most often, though, a dog that bites someone has never done it before. The person who owns the dog, along with the person who got bitten, may be completely shocked by the event. So, why do dogs bite like this? What causes a dog that seems friendly to suddenly lash out? Some common reasons include: The dog was frightened. It may have felt like it was cornered by someone it did not know, for instance. The dog was injured or sick. Knowing how vulnerable that makes it feel, the dog has an extra drive to protect itself from a potential threat. The dog has something nearby that it considers valuable and wants to protect. The two most common examples of this are when a dog is protecting a puppy or its food and water. The dog believes that the person, who may be aggressive, has entered its territory. This is why joggers often suffer bites since they approach a dog’s yard at an uncommonly quick pace. The dog did not mean to hurt you and thought it was playing. If you watch two dogs play, they’ll be rough enough to hurt a person. A dog may try to engage you in that type of play and accidentally bite without ill intent. What can you do if you’ve been bitten by someone’s dog? If you have been bitten by a dog, no matter why it happened, you need to know what legal options you have. You may have a valid premises liability claim or other recourses of action. The bite can leave with you with scars, infections, and many other potentially expensive and painful complications. You shouldn’t have to suffer financial losses in addition to your other injuries. If you are bitten by a dog and need help, we are here for you. You can Contact Us here, or please call us at 269-679-4263.
13 Oct, 2020
The New York Times once said that the cellphone has become the “remote control of our lives.” These days, most people can’t live without this device. Far too often, these phones are taking over our lives – too often in a dangerous way. A new study indicates that over a 20-year period, more than 2,500 cellphone users visited the emergency room with head or neck injuries in falls. People distracted by their cellphones are tripping, falling, and hurting their heads and necks more often. Those aged 13 to 29 make up almost 40 percent of such patients. Distraction was a major culprit. Most cases were mild, but some involved facial lacerations and traumatic brain injuries that could lead to long-term consequences. The study, published recently, is believed to be the first to investigate the role smartphones play in injuries to these parts of the body. Previous studies have found that all types of “distracted walking” injuries have been on the rise. Dr. Boris Paskhover, an assistant professor in the department of otolaryngology, head and neck surgery, at Rutgers New Jersey Medical School, told NBC News: “You walk in the city and you see everyone just looking at their phones,” he said. “Be aware that you can hurt yourself.” Couple that with the sharp increase in texting and driving deaths across the United States and we have a very serious problem. The facts don’t lie. 14% of fatal crashes involved cell phones. 14% of distracted driving deaths were attributed specifically to cell phone use, as opposed to other forms of distracted driving. 4,637 people died in car crashes in 2018 due to cell phone use. Including the cost to people’s lives, these crashes were responsible for $129 billion — or 15 percent — of the overall societal damage caused by motor vehicle crashes. This number only goes up after your primary offense. The attorneys at Gergely Law Offices P.C., we have handled many cases of people getting hurt or even killed due to distracted driving. If you or a loved one has been a victim of any type of accident caused by negligence on the part of a driver, we want to hear from you. There is never a charge for the initial consultation and there are no attorney fees until we win.
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