Motorcycle Accident Attorney in Cheshire, CT

Riding a motorcycle in Connecticut—particularly in the milder months of the year when the leaves are budding or changing shades—can be a way to connect with nature, get a breath of fresh air, and commute in a way that’s quick and efficient. But while motorcycling is a favorite pastime of many, it can also be a dangerous one.

There are dozens of motorcycle accidents reported in our state each year, some of which are fatal. If you or a loved one has been involved in a motorcycle accident in our state, our motorcycle accident lawyers at The Dodd Law Firm LLC can help you to navigate your legal options and recover compensation for your injuries. Reach out to us today to request your free consultation to get started.

Connecticut Motorcycle Accident Statistics

Operating a motorcycle can be very dangerous. According to the Connecticut Department of Transportation, citing data from the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in a traffic accident than are passenger car occupants. In CT, there are dozens of motorcycle fatalities every year. In 2020 alone, there were 56 motorcyclist fatalities in the state. This figure does not account for the number of injury-causing motorcycle accidents that occurred.

How Motorcycle Accidents Happen

When a motorcycle crash occurs, determining fault is an important part of recovering damages. Motorcycle accidents can be the fault of the motorcyclist, the driver of the passenger vehicle involved in the crash, a third-party driver, the manufacturer of the vehicle/motorcycle, or another third party.

Driver errors that can lead to motorcycle accidents include:

• Driving too fast for conditions
• Driving while distracted
• Driving while impaired
• Performing an illegal maneuver
• Failing to check blind spots before changing lanes
• Driving aggressively

Sometimes, motorcycle crashes are the fault of the motorcyclist involved. If a motorcyclist is operating their motorcycle negligently, it could lead to a crash.

Injuries from a Motorcycle Accident

Without airbags, seatbelts, or a vehicle frame for protection, the outcome of a motorcycle accident can be truly devastating. Common types of injuries that a motorcyclist involved in a crash may suffer include:

• Traumatic brain injuries. A traumatic brain injury, or TBI, is one of the most common motorcycle accident injuries. The risk of a TBI is higher if the motorcyclist is not wearing a helmet at the time of the crash. While some TBIs will heal completely with time, others can cause life-long impairment.

• Road rash, bone fracture, and soft tissue injuries. When a motorcyclist’s body is flung from their bike or pinned in a crash, the risk of road burn/road rash injuries, bone fracture injuries, and soft tissue injuries are high. These injuries can cause permanent scarring and disability in some cases.

• Spinal cord injuries. A spinal cord injury occurs when a motorcyclist’s spine is hit with such force that the spinal column cannot protect the spinal cord. The spinal cord is responsible for transmitting messages between the brain and the rest of the body; if this system is disrupted, the result can be permanent paralysis.

• Internal injuries. When the body is hit with force, internal organs are at risk of harm. Internal bleeding following a crash is one of the most common types of motorcycle accident injuries.

• Post-traumatic stress disorder and other non-physical injuries. In addition to physical injuries, a motorcyclist who is involved in a crash may suffer psychological injuries as well, including post-traumatic stress disorder.

Physical and psychological injuries can be expensive to treat and lead to lost wages and a loss of earning capacity. At the office of The Dodd Law Firm PLLC, we’ll work hard to get you a settlement that fully compensates you for the full value of your losses when you call our team.

How To Prove Negligence In A Cheshire Motorcycle Crash Case?

Navigating the aftermath of a motorcycle crash can be an overwhelming experience, particularly when dealing with severe physical injuries, mounting medical bills, and uncooperative insurance adjusters. If you or a loved one has been involved in a collision in Cheshire, Connecticut, recovering compensation for your losses requires establishing legal fault.

Under Connecticut personal injury law, securing a settlement or court award relies entirely on your ability to prove negligence. This means demonstrating that another party failed to exercise reasonable care, directly resulting in your crash and injuries. Proving negligence requires building a solid foundation around four core legal elements.

1. Establishing the Four Elements of Negligence

To successfully hold a motorist or third party accountable, your case must satisfy four distinct legal requirements:

• Duty of Care: You must establish that the other party owed you a legal duty to operate their vehicle safely. In Connecticut, all drivers on local roads and highways automatically owe a duty of care to share the road responsibly, obey traffic signals, and watch out for other motorists, including motorcyclists.
• Breach of Duty: Next, you must show that the defendant breached this duty through a careless, reckless, or wrongful act. Common examples in Cheshire motorcycle accidents include motorists failing to check blind spots before changing lanes, making an illegal left turn directly into a rider’s path, or driving while distracted by a cell phone.
• Causation: It is not enough to show that the driver was careless; you must prove that this specific breach of duty directly caused your crash. If a driver ran a red light, for instance, you must demonstrate that this exact infraction led to the collision.
• Damages: Finally, you must have suffered actual losses. This includes economic damages—such as emergency medical care, physical therapy bills, and lost wages—as well as non-economic damages like physical pain, emotional distress, and loss of enjoyment of life.

2. Gathering Critical Evidence

Proving these elements requires preserving and compiling objective evidence right from the start. Key steps include obtaining the official police accident report filed by local or state law enforcement, capturing photographs or video footage of the accident scene, skid marks, vehicle positioning, and visible injuries. Furthermore, securing contact information from independent eyewitnesses and nearby commercial surveillance cameras can powerfully counter attempts by insurance companies to shift blame.

3. Understanding Comparative Negligence in Connecticut

Insurance adjusters frequently attempt to minimize payouts by blaming the motorcyclist, alleging excessive speed, improper lane positioning, or failure to wear state-required protective gear. Connecticut operates under a modified comparative negligence rule codified in Connecticut General Statutes § 52-572h. Under this statute, you can still recover compensation even if you share a minor percentage of fault, but your total award will be reduced in proportion to your share of blame. However, if you are found to be 51% or more responsible for the crash, you are barred from recovering any damages.

Because insurance carriers routinely leverage bias against riders, working with an experienced Cheshire personal injury attorney is vital. Legal counsel can collect vital documentation, consult accident reconstruction experts, and protect your rights within the strict two-year statute of limitations outlined in Connecticut General Statutes § 52-584.

Your Rights if Injured in a Crash

If you are injured in a motorcycle crash, it’s important that you understand that you have certain legal rights, including the right to compensation in full if the other party was responsible for your injuries. If you can prove that your accident would not have occurred but for the fault of the other party involved—whether that be another driver or another third party—you can seek compensation for the full value of your economic and noneconomic losses.

Keep in mind that Connecticut is a modified comparative negligence state. This means that negligence can be shared by more than one party. For example, if you are found to be 10 percent at fault for the accident and the passenger car driver is found to be 90 percent at fault, you can still file a claim for damages. However, the amount of your recoverable damages award will be reduced by 10 percent; in other words, you can only hold the other party liable for your damages in proportion to their degree of fault.

How Can a Motorcycle Accident Attorney Help?

Being involved in a motorcycle crash or learning that a loved one has been in this type of accident may be one of the most traumatic and shocking things that you have ever gone through.

When you call our Connecticut motorcycle accident attorneys, we will be responsible for gathering evidence, talking to eyewitnesses, reviewing the police report, hiring accident reconstruction experts, determining and proving liability, calculating your damages, representing you in all conversations with the insurance adjuster, and aggressively negotiating your settlement to get you the best deal possible. In the event that your claim leads to litigation, your attorney will also represent you during this process.

Call The Dodd Law Firm LLC Today

Don’t wait to take action after being involved in a motorcycle accident. At The Dodd Law Firm LLC, we can start working on your case immediately. Reach out to our lawyers by phone at 203-272-1883, in person, or online to request your free consultation. We can travel to your location, never charge for an initial consultation, and always work on a contingency fee basis.