Motorcycle Accident
David Ascher represents clients who have been in any sort of motorcycle accident, whether or not they are perceived to be at fault at the time of the accident. Motorcycle accident cases are litigated under general negligence principles. The role of the lawyer of the plaintiff is to prove that the defendant was negligent, and that the negligence was the proximate cause of the car accident, and this car accident caused injuries to the plaintiff.
When judging cases, the "reasonable person" idea is used - as in, a reasonable person would use care in driving and would not drive at such a speed as to rear end someone. While the burden of proof lays with the plaintiff in motorcycle accident cases, the plaintiff's attorney does not need to present absolute proof and the evidence brought need not be conclusive - only to the extent that a reasonable judge would favor the plaintiff. This is because the standard of proof in motorcycle accidents is "the preponderance of the evidence," a less strict standard than "beyond a reasonable doubt."
It would therefore be a mistake for an motorcycle accident victim to not retain an attorney. When the victim of an motorcycle accident does not do so, insurance adjusters know that the person with whom they are dealing are not prepared to take their case to court.
If you or a loved one has been in a motorcycle accident and you are in need of experienced legal representation, contact David Ascher at 1-(212)-964-1515 to schedule a free and private consultation.