According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are 28 times more likely to die in a fatal crash compared to individuals in passenger cars. In fact, more than 5,000 motorcyclists die each year in the U.S. due to collisions alone.
When you’re involved in a motorcycle accident, knowing what to do before you actually file a lawsuit is important. Determine who exactly is liable, organize the evidence that you need, and have a good understanding of the time frame of your case.
Every step you take can greatly influence the outcome of your motorcycle accident lawsuit. This article will go over the most important considerations before filing a motorcycle accident lawsuit.
Understanding Liability in Motorcycle Accidents
Determining who is at fault is a critical factor in motorcycle accident cases.
Liability can involve multiple parties, be it the other driver, bad road conditions, or the vehicle itself. A driver who was breaking the law or was negligent can be deemed liable for your injuries.
You may face some liability if you weren’t following safety regulations, such as not wearing a helmet. Having a shared liability will affect your compensation.
Knowing how liability works will help you handle the legal process and protect your rights following an accident.
Importance of Gathering Evidence
Gathering evidence helps support your claims after a motorcycle accident. Evidence may be considered critical in determining negligence and obtaining compensation.
Take photos of the accident site, the damage caused to vehicles, and the injuries, if any. Get the contact details of the individuals who witnessed the accident and record their statements.
Obtaining police reports and medical records would be useful documentation for your claim. Keep a thorough account of the expenses incurred as a result of the accident, including medical bills and lost wages.
The more thorough the evidence at your disposal, the stronger the case in your favor. Motor vehicle crash attorney William T. Corbett, Jr. says that having very detailed records related to your case can influence the court’s decision.
Navigating the Statute of Limitations
The statute of limitations is the legal deadline to submit a claim after an accident. Depending on your state, it might take a year or three before your filing will be considered invalid.
Prompt action after the motorcycle accident helps in complying with the statute of limitations. Your attorney will help preserve evidence first and inform you of important deadlines, which helps avoid jeopardizing your claim.
Keeping a diary or taking notes can help you remember important dates.
Types of Compensation Available
There are different types of compensation you can claim while filing a suit for motorcycle accidents. One type of compensation that the injured party is entitled to is compensation for medical bills, lost earnings, or lost earning capacity as a result of the accident.
Pain and suffering need to be accounted for. This damage is used to cover the emotional and physical distress from the accident. In some cases, the court may allow punitive damages in order to punish the wrongful conduct.
Each case is unique, and the compensation will vary depending on the circumstances.
When proceeding with your claim, it will be beneficial to know what all such damages imply.
Choosing the Right Legal Representation
Finding the appropriate motorcycle accident lawyer will significantly help your case. Choose a lawyer who has a strong track record outside of court. Consulting your lawyer will help you gauge their communication skills and ability to efficiently handle your case.
Ask about a lawyer’s fees and payment structure. Spend some time reading the reviews and testimonials of past clients before making a decision.
Hire a legal professional who has the knowledge and insight to win cases and maximize settlements. Investing in a lawyer early on improves your chances of securing a favorable outcome for your case.
