You might be running a quick errand, driving your daily commute, or out for a joyride, but accidents typically occur when you least expect them. According to the National Highway Traffic Safety Administration, 5,014 motorcyclists died from accidents in 2019. You can practice safety measures diligently and always drive defensively, but it's always possible to be caught off guard and suddenly find yourself involved in a motorcycle accident.
Following an accident, injured bikers often face an uphill battle. Insurance companies have unjust prejudices towards motorcycle riders, which causes them to fight claims and litigation. To limit their liability, they frequently try to place some or all the responsibility for the collision on the motorcyclist.
If you or a loved one have been in a motorcycle accident, you will likely have many of the same questions and concerns that others have had. This article will assist you in navigating the legal complexities and how to navigate the process of making a claim.
Motorcycle accidents occur every day and are commonly caused by a variety of dangerous circumstances:
The moments following an accident are crucial since they can influence your legal actions and rights in the future. Following are six critical steps to take after an accident:
1. Get to a safe location.
Assess your existing condition and surroundings. Remove yourself from the roadway and out of traffic if at all feasible. Check if anyone else was involved in the accident and assist them in getting to safety.
2. Keep your protective gear on.
You may be in shock after an accident, and your adrenaline may be keeping you from feeling any pain or injury. To avoid compounding injuries, wait for paramedics to arrive before removing your helmet and other protective gear.
3. Make a 911 call.
Call 911 to report the accident once you've reached safety and before you remove any protective gear. Police and paramedics may be called to the site, but do not admit fault before or after they arrive! Even if you believe you made a mistake or could have prevented the accident, disclosing this before all evidence is gathered could be used against you.
4. Seek medical assistance.
Even if you don't believe you've been hurt, it's always a good idea to see a doctor following an accident. Serious injuries may not immediately show signs, and symptoms can take days, weeks, or months to manifest.
5. Collect evidence.
Gather evidence as soon as possible following, no matter how minor. This entails talking to witnesses, making notes, taking photos, and obtaining a copy of the police report. You should exchange insurance information and any other contact information with the other driver.
6. Consult a lawyer and your insurance provider.
Hiring a skilled motorcycle accident attorney can make all the difference in the amount of money you receive from your insurance company. Insurance companies will almost always offer you the lowest amount available, but an attorney can assist you in negotiating with them.
The individual or entity who caused your motorcycle accident can be held liable for your injuries. You must first submit a personal injury claim to receive damages, and who was at fault will then be determined. If another party acted irresponsibly or failed to follow traffic laws, they may be judged "at fault."
Parties are often found to be at fault if they were speeding, failed to obey a stop sign or traffic signal, or failed to check their blind spot or otherwise notice a motorcyclist who was obeying traffic laws. They can also be at fault if they were intoxicated or under the influence of drugs. Cities are sometimes faulted for failing to maintain the roads properly, and motorcycle manufacturers can be blamed for a motorcycle malfunction.
Depending on your case, you may be entitled to:
If you've been injured in a motorcycle accident, you'll want to hire a lawyer who knows how to take on insurance companies head-on. Motorcyclists are entitled to the maximum compensation possible, and who you choose to represent you will have a significant bearing on the outcome of your case.
Every personal injury lawyer is not the same, so keep these four criteria in mind when looking for a personal injury attorney to help you choose the best one for your case:
1. Experience
You don't want to choose a personal injury lawyer who will use your case as a "learning curve." You should hire a lawyer who has handled hundreds of personal injury cases like yours. A lawyer's knowledge, skills, and expertise grow with each case they handle. Look for an attorney who focuses solely on personal injury cases and, more specifically, one who has experience in cases similar to yours.
2. Fair Costs & Fees
Before signing a retainer agreement, talk to the attorneys about their payment structure, billing processes, and costs for their services. You should know upfront how much you'll owe the attorney for their services and how you'll pay those expenses.
Many personal injury lawyers will accept claims on a contingency fee basis. Unless they recover money for your claim, the lawyer does not receive any money for their legal expenses.
In a personal injury case, you typically agree to pay the lawyer a portion of the money recovered for your claim. You don't owe the attorney any fees for representing your case if they do not recover money for your claim.
Fees and costs are different, however, and you may still have to pay costs for things such as:
3. History Of Success Both In And Out Of The Courtroom
A knowledgeable and talented negotiator plus an aggressive, persuasive trial lawyer make the best personal injury attorney. Most personal injury cases are settled out of court. As a result, you should look for someone with a proven track record of success at the negotiating table. When parties are not willing to settle for a reasonable amount, you may need to proceed to trial. In this case, you'll want a lawyer who has a track record of winning personal injury claims in court.
4. Excellent Listening And Communication Skills
An attorney should be clear and concise. They must listen closely to you and pay close attention to what you're saying and think before responding. If they often interrupt and show impatience, find another attorney. When the attorney interviews witnesses, take depositions, or questions witnesses in court, you will benefit from an attorney with effective listening skills. Be sure to inquire about how often you will be updated and how you may contact them if you have any questions or concerns.
If you've been injured in a motorcycle accident or lost a loved one, you may be entitled to compensation. Our attorneys specialize in motorcycle accidents and are eager to assist you. After reviewing your case, we will immediately begin to develop a legal strategy that ensures you receive the best outcome possible.