Jury Instruction on Negligence
“Negligence is doing what a reasonable person would not do under similar circumstances. Negligence can also be the failure to do what a reasonable person would do under similar circumstances.”
The public has a misconception that all motorcyclists are wild and crazy drivers who cause their own traffic accidents. The truth, however, is that most motorcyclist are defensive and safe drivers. They are extremely aware of the dangers of riding in modern day traffic. More often than not, motorcyclists are involved in traffic accidents because the driver of another vehicle “negligently” fail to keep a proper look out and fail to see the motorcyclist until they have either cut him or her off, or struck the motorcycle.
The public’s general prejudice against motorcyclists makes recovering money for an injured motorcyclist more difficult than say, for an automobile accident. However, with proper legal representation, the necessary evidence can be gathered and presented so that the motorcyclist is fairly compensated and his or her claim resolved.
In all but four states in this country (Virginia is one of these), you can still recover damages from a negligent driver even if your own negligence contributed to causing the accident. You simply recover that portion of your damages equal to the percentage of fault attributable to the other driver. For example, if you were 40% at fault in causing the accident and the other driver was 60% at fault, you may still recover 60% of your damages from the other driver.
In any event, the law in the majority of the United States provides that when the negligence of a driver causes, or contributes to causing an accident that results in injuries to you or a family member, it is fair and just that you and/or your family member(s) be compensated, so that:
- You have the money to pay other health care providers to fix any harms caused by the other driver’s negligence; and,
- You receive an appropriate amount of money from the negligent driver so that the you can:
- Afford the cost of medical care to treat the harm caused,
- Get reimbursement for lost wages when you or your family member can’t work because of the harm caused,
- Be compensated for the unnecessary pain and suffering caused by the negligent driver and resulting harm.
- If the other driver’s negligence causes death to a family member, it is fair and just that the survivors in the family be compensated for their loss, whether the deceased is a father, mother, brother, sister or child. These losses would include the mental suffering caused by the unnecessary death and the loss of the companionship and services of the family member who died. Even someone who is not a family member of the person killed, but depends on financial support from the person killed, may be entitled to recover compensation.
I provide legal representation to motorcyclist injured by the negligent driving of others. I know how to present the claim so that more often than not, the case gets settled quickly. A settlement means receiving fair and just compensation sooner, rather than having to wait for a long time (sometimes several years) to present your claim to a jury. Settlements also save you the additional expenses, and emotional stress of having to participate in a lengthy jury trial. Most importantly, when a case is settled you receive the settlement money right away. If you wait for a jury to award money damages, the award may be appealed by the negligent driver or his/her insurance company, delaying payment for a long time, sometimes, for years.
I have brought several hundred claims on behalf of people suffering very serious and substantial injures that include:
- Fractured bones
- Serious injuries to the spine
- Serious and substantial neck and back injuries including paralysis
- Brain damage
- Loss of vision
- Heart attacks
- Strokes
- Death
I carefully limit the number of cases I agree to take. By choosing only to represent those that have been seriously injured, or have family members who have been seriously injured or suffered death due to someone else’s negligence, I can dedicate my time to fully developing the claim to maximize the amount of money that will be paid as compensation for injuries, lost wages, and medical expenses and/or death.
If your loved one has died in a motorcycle accident, or, if you have been involved in an motorcycle accident, but are not sure whether you have suffered a serious injury, I will gladly speak with you in a free consultation to give you my opinion about your case. Please feel free to call me at (954) 523-4101 to tell me what happened and describe your injuries. When you call that number, I will either answer the telephone or you will get my personal voice mail. If you get my voice mail and leave your name and telephone number, I will personally return your call, usually within an hour of your call.
If you are more comfortable emailing to me a description of what happened, please fill out the form on the home page of this website and I will get back to you with an analysis of whether or not you have a valid motorcycle accident claim.
If we work together on your case, you will have my personal attention to every detail of your claim and you will never reach me through an assistant or secretary or Para-legal assistant- but will always be able to reach me directly on my cell phone. You will also always be able to text to me at the telephone number provided above or send an email to me at (reed@tolberlaw.com). In this way, you will always know what is going on in your case and you can always reach me quickly with any new developments or information that I should know. If you want to verify that this is indeed how I practice law, I will be glad to provide the names and contact information of past clients (who have agreed to be contacted) so that you can verify that I give personal attention to each and every case.
When serious injuries are caused by motorcycle accidents, the injured person should hire a lawyer he or she can trust to competently evaluate the claim, the correct amount of damages you should recover, and provide appropriate legal advice. I am that lawyer, and I welcome your call so that we can have a conversation to determine whether your injuries justify a claim for damages.
