Digital Life Insurance: Essential Information to Understand
April 19, 2024A Complete Information to AARP Owners Insurance coverage
May 17, 2024What Is the Role of a Motorcycle Accident Attorney?
You may experience firsthand what a motorcycle accident lawyer does if you or a loved one is hurt in a motorbike accident. Your personal injury claim can be handled by a motorcycle accident attorney from beginning to end. You may count on your lawyer to look into your case, gather evidence that will be needed to bolster your allegation, and pursue damages for your injuries.
Motorcyclists are six times more likely to die in a motorcycle collision than occupants of passenger cars, according to the National Highway Traffic Safety Administration (NHTSA). Motorcycle accidents frequently result in serious injuries and fatalities.
An Attorney for Motorbike Accidents Can Look Into Your Mishap
According to the Insurance Information Institute (III), there are roughly 90,300 motorcycle crashes that cause injuries annually on average. Regretfully, it’s not always easy or clear-cut to investigate an accident. Even though anybody can read a police report, to find out if you have a strong case for your injuries in court, you’ll probably need a comprehensive accident investigation.
A legal inquiry could take the following actions:
- Finding and speaking with accident witnesses
- recording the accident’s date, time, and meteorological circumstances
- figuring out whether there is any CCTV footage of the incident
- going to the scene of the accident and taking pictures
- measuring the scene of the accident and drawing diagrams to show what happened before the disaster
- examining the medical records pertaining to your wounds
An critical first step in filing a motorcycle accident claim is determining if you have a legitimate claim for compensation against the other parties involved in the collision. An attorney can assess the strength of your legal claim more accurately if they can ascertain the circumstances surrounding the accident and what caused it.
Other Drivers’ Liability
The goal of an accident investigation is to pinpoint the cause and assign blame. Should the accident have been caused by negligence, you may be able to sue the negligent parties for damages. For example, a car may be held liable for an accident if they hit a motorcycle while racing through an intersection or running a red light. Similarly, if a drunk driver crashes a motorcyclist, the injury caused by the driver may also be the driver’s fault.
Employers’ Liability
The probe may also look into potential third-party liabilities. For instance, you could be able to hold the driver’s employer accountable for the collision if they struck your motorcycle while driving carelessly while they were working for their job. When employees behave negligently, employers are frequently held financially liable or subject to vicarious liability.
Manufacturers’ Liability
A product liability claim may be made against the manufacturer of the motorcycle or motorcycle part if it is defective and results in an accident that injures you. Regardless of whether negligence is shown, a corporation may be held fully accountable for defective parts it manufactures, sells, and distributes in this kind of personal injury lawsuit.
A Lawyer for Motorbike Accidents Can Gather Proof to Back Up Your Allegations
Obtaining proof for your personal injury claim is necessary. A motorcycle accident claim may be supported by specific evidence demonstrating the blame, carelessness, or cause of an accident on the part of one or more parties.
For instance, if you want to demonstrate that another motorist’s carelessness caused your motorbike accident, you could gather the following proof, if it applies:
- Statements from witnesses and police reports
- Your account in writing of what transpired before the accident
- toxicological reports following the collision for the other driver
- recording of any criminal charges or traffic infractions resulting from the collision
- Previous driving record of the opposing driver
Similar to this, a lawyer for motorcycle accidents frequently demands additional information from the other parties to a lawsuit during discovery in order to better understand the details of a personal injury claim. The formal legal word for information sharing between parties in a lawsuit is discovery.
Typical forms of discovery consist of:
- Written interrogations are inquiries that are directed to the opposing party for response.
- the presentation of records pertaining to the collision, the driver, or the injured party
- Depositions entail witness testimony from both written and spoken sources.
A Motorcycle Accident Attorney Can Assist You in Pursuing Damages Claims
Creating a thorough claim for compensation on your behalf is one of the most important jobs a motorcycle accident lawyer performs. A claim for compensation lays out the accident-related injuries you sustained as well as the legal basis of the case, which is typically carelessness.
There are deadlines, known as statutes of limitations, in every state for submitting personal injury claims. You risk losing all hope of receiving compensation if you don’t submit your formal claim for it to the court by the applicable time. According to most state rules, you have one to six years from the date of the accident to make a claim in court. To proceed with the lawsuit, you have to abide by all court procedural procedures after filing.
The majority of lawsuits result in a settlement between the injured parties and one or more insurance carriers. The litigation is settled when the at-fault party’s insurance provider agrees to provide the injured parties a predetermined sum for their claims.
Nevertheless, the matter may go to trial if the parties are unable to come to a mutually agreeable resolution. Usually, a judge and jury will hear testimony from both parties and decide who is at fault for the accident. Injury victims may be compensated by the liable parties for their pain and suffering, lost wages, and medical and repair expenses if the jury or court rules in their favor.
Obtain Legal Support Right Now
Claims for motorcycle accidents can become convoluted and drawn out processes. Managing these circumstances could be difficult while you heal from serious injuries. You might be unsure of what to do next when large insurance companies start contacting you and your medical costs mount up. Obtaining legal counsel during this trying time may be crucial to your claim’s success.