What is the difference between a negligence claim and a strict liability claim?

The primary difference between a negligence claim and a strict liability claim when dealing with motorcycle accidents in New Mexico is the burden of proof on the injured rider. In a negligence claim, the injured rider must prove that the other driver acted carelessly or recklessly in some way. This requires a showing that the other driver did not exercise reasonable care when operating their vehicle and that this carelessness led to the injury. In a strict liability claim, the injured rider does not need to prove the other driver acted negligently. Instead, they would need to show that the other driver is strictly liable for the accident based on an accepted duty of care that is owed to motorcycle riders. An example of this is a product-liability related claim stemming from a faulty motorcycle part, as the manufacturer would be strictly liable for any accidents or injuries caused by the defect. In a negligence claim, the rider must prove that the other driver acted without reasonable care and that they are responsible for the injury. In a strict liability claim, the rider must prove only that the other driver has a duty of care and that the accident was a result of that duty.

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