Table of Contents
Did you know that fatalities in motorcycle accidents are always overrepresented? Basically, when it comes to fatalities due to auto accidents, a motorcycle accident has a higher severe injury and death rate.
Therefore, if you’re a victim of a motorcycle accident and you’re not at fault, you might be entitled to compensation that can cover any lost wages and medical bills. If you’re not sure whether you should file a personal injury claim or sue someone after the crash, no worries. You’ve come to the right place.
Motorcycle Accident 101: The Parties to Sue
In simplest terms, someone must be at blame for the incident to have a viable motorcycle accident lawsuit. You wouldn’t be able to sue for damages unless the accident was caused by someone negligent.
When someone violates a legal obligation, they are considered negligent. Every driver has a responsibility to drive safely and without causing damage to others. If someone fails to fulfill that legal obligation and a motorbike accident occurs, that person may be held liable for the losses.
In a motorbike accident, you may sue the culpable party or parties for damages. In this kind of lawsuit, depending on who caused the motorcycle accident, you may sue any following persons.
The most frequent at-fault party in a motorbike collision is another driver. A vehicle driver, truck driver, bus driver, or another motorbike rider may fall under this category. Even if the driver did not intend to cause the accident, they are nonetheless responsible if their conduct resulted in the collision.
When another motorist causes a motorcycle collision, the first step is to file a personal injury claim with their car insurance company. If you are unable to reach a settlement via a claim, you may elect to sue the other motorist.
If you were in a motorcycle accident, struck your head, and suffered injuries as a result of a malfunction with your helmet, the helmet manufacturer may be partly to blame for your injuries.
Even if another person was to blame for the accident, you may be entitled to sue the helmet maker if you incurred injuries that you would not have received if the helmet had functioned correctly. Another scenario where you’ll need a lawyer to look into the specifics for you is this one.
Seldom, a motorcycle accident can happen due to a defective motorcycle part or another problem with the vehicle.
If you suspect a defect caused your accident, you will want to contact a motorcycle accident lawyer immediately. They can begin investigating the accident, what went wrong, and who was ultimately responsible. If the manufacturer was at fault for your accident, you could sue them for your damages.
The dealership where you purchased the motorbike may be to blame for the accident.
You may be able to sue the dealership for damages if the accident was caused by a problem with the bike that the dealership was aware of (yet sold the bike to anybody).
Finally, a motorbike accident may occasionally be blamed on the state or municipal government. The government agency in charge of the roads might be responsible if you were hurt on the road due to dangerous circumstances such as unmarked potholes,
Suing the government is not the same as suing a person or a corporation. Although you have the right to sue the state government in certain circumstances, you must provide notice of your legal action within 12 months of the date of the accident. You’ll need to contact a motorbike accident lawyer for assistance with this.
The Motorcycle Accident Lawyer: What They Can Do for You?
The main responsibility of your motorcycle accident injury lawyer is to prove the liability of the accident properly.
To establish a case for negligence against the driver who caused your motorcycle accident, you or your personal injury attorney must demonstrate these four essential elements:
- Duty: A duty of care was owed to you by the defendant. This implies that the other driver had a responsibility to drive safely for the sake of other road users.
- Breach: This duty of care was violated by the defendant. The other motorist breached their duty of care by acting or failing to behave in a required way.
- Causation: That the breach caused your collision and it was direct in nature.
- Damages: You were injured as a consequence of the accident. (injuries, losses, pain, and suffering)
Keep in mind that if you file a case, you must fulfill all of these factors for the other motorist to be found responsible.
Negotiating With the Insurance Companies
It is possible to file a direct lawsuit against the guilty motorist, although this is not always the best choice. In certain instances, you may settle a motorcycle accident claim without the need for a lawsuit.
Negotiating with the other driver’s insurance company for a reasonable settlement may be the best option. Prematurely filing a lawsuit may stymie such talks. A motorcycle accident lawyer may assist in this situation since they are used to dealing with insurance adjusters and refusing to accept a low-ball offer.
Building a Strong Case
A motorcycle accident lawyer can accomplish all of the following while creating a solid case on your side, whether it’s filing a claim against the insurance company or preparing for trial.
They’ll help you gather evidence, determine the value of your claim, help you with filing a lawsuit or the claim, as well as negotiate a settlement.
And, if you need to take your case to trial, your attorney will be responsible for defending you in court.
A motorcycle accident attorney can explain all of your concerns about your case and advise you on the next best actions to take to get the compensation you deserve during this tough time.
Dealing With Your Motorcycle Accident Today
Dealing with an accident of any kind can be rather overwhelming. You’re probably in a state of shock and might even be dealing with injuries.
Hopefully, our guide has shed some light on how a motorcycle accident can sue and help you claim the damages you deserve. And, if you liked going through our article, then you’ll want to check out our additional tips and tricks, all available in our legal section.