Motorcycle accidents fall under the category of personal injuries. To establish a prima facie case for personal injury, a plaintiff must show: (1) the existence of a legal duty owed by the defendant, (2) breach of that duty, (3) actual and proximate cause, (4) damages, and (5) no defenses.
Because motorcycles are smaller than cars and other vehicles on the road, and motorcycle riders are exposed when they collide with vehicles, motorcycle riders sustain serious injuries like traumatic brain injury, spinal cord injury, or death. In a motorcycle wreck, damages the injured person may recover include:
• Medical care
• Loss of earnings