Causation is a necessary element in any Maryland motorcycle crash case alleging the negligence of another party. An essential part is proving that the other party’s actions caused the plaintiff’s damages, which means both proving a cause-in-fact and a legally cognizable cause. Proving a cause-in-fact means proving that the other party’s actions were the actual cause of the damages, whereas legal cause means proving that the defendant’s actions were sufficiently related to the damages to hold the party liable. This inquiry often requires a consideration of whether the plaintiff’s damages were a foreseeable result of the party’s actions. Even if another party’s actions are proven to be the cause-in-fact of the plaintiff’s damages, a court may still find the party is not liable because it is not fair or because it is bad policy.
In addition to proving causation, in a negligence case, a plaintiff still has to prove that the party owed the plaintiff a duty of care, that the defendant’s actions amounted to a breach of the relevant standard of care, and the plaintiff suffered damages. A plaintiff has to prove all elements in a negligence claim, and must prove each element by a preponderance of the evidence. This means that a plaintiff must prove what caused the crash, rather than proving only that another party’s actions were merely a possible cause of the crash.
Motorcycle Driver Killed After Crash with Debris
Police are investigating a recent motorcycle accident that left one dead after the driver hit debris left in the road from another crash. Police said that a pickup truck crashed into the median on a recent Saturday evening, which sent debris into the roadway, based on the initial police investigation. The motorcycle driver then hit the debris and crashed. According to a news source, when police arrived on the scene a pickup truck was in the median and a motorcycle was in the roadway. The motorcycle driver was transported to a nearby hospital but passed away the following morning. He was 45 years old. Police continue to investigate the crash. In this case, the motorcycle drivers’ family could file suit against the truck driver or another party they believe to be at fault, leading to potential claims that the death of the motorcyclist was too attenuated to the potential defendant’s actions.
Have You Been Injured in a Motorcycle Crash?
If you have been injured in a motorcycle crash in Maryland or the surrounding areas, consult with an experienced attorney as soon as possible. You may be entitled to compensation for your injuries. At Lebowitz & Mzhen, Personal Injury Lawyers, our dedicated injury attorneys assist Maryland motorcycle accident victims and their families who have suffered personal injuries, property damage, and financial losses. They will work to build a strong legal case in order to gain a settlement or verdict in your favor. Call us to set up a free initial consultation at 1-800-654-1949 or contact us through our website. Calling is free, and we will not bill you for our services unless we can help you obtain compensation for your injuries.