Riding a motorcycle is a freeing experience for millions of people in the world. However, these drivers may have an accident during which they run into a dog or are otherwise impacted by a dog's behavior. Understanding these types of lawsuits can be a real challenge to the driver and winning even harder.
How These Accidents Occur
Think of the challenge a motorcycle driver goes through when on the road. Unlike car drivers, they are exposed to the elements. As a result, distractions can be even more problematic for them. For example, a dog running out into the road may cause them to swerve to avoid it and crash or, even worse, run into another driver.
In other cases, the driver may not be able to react in time and hit the dog. This collision will likely kill or severely main the dog and cause the driver a lot of personal injury. As a result, the owner of the dog may blame the driver and also pursue a counter suit. Both of these cases will be determined by who the court finds liable for the circumstance.
Who Is Liable?
There are two different approaches that could be argued in a case like this one. The person who crashed as a result of the dog may try to claim that the owner of the dog was negligent. Proving negligence can be a somewhat difficult task. It requires showcasing that the owner behaved in a way that allowed their dog to cause the crash.
For example, they may have been walking the dog without a leash or let go of the leash at the wrong moment. Even worse, they may have allowed the dog to escape their yard by not installing proper fencing. However, the person who owns the injured or dead dog may come at the motorcycle driver and try to claim they were also negligent.
Comparative Negligence May Be Argued
The concept of comparative negligence is quite simple. The basic assumption behind it states that both people involved in the accident were negligent. For example, the person who owns the dog may claim that the motorcycle driver was driving too fast for the road conditions and lost control in what should have been an easy-to-avoid situation.
They may also argue that the driver was behaving erratically or did not follow proper road rules. Whatever approach both sides take, a motorcycle injury case of this type can be very troubling. Make sure to contact a specialized accident lawyer to ensure you get the compensation you deserve.