Some state law allows the victim of a motorcycle accident to seek compensation for their losses. This guide will explain the different types of damages that can be recovered.
It also covers choosing the right attorney and navigating complicated insurance requirements and legal deadlines. And it includes how to work with experts, including accident reconstructionists and medical specialists.
The main aspect of a motorcycle accident case involves the determination of liability. A defendant will usually be held responsible for causing injury to someone else by breaching their duty of care. When a person acts recklessly by speeding up, cutting across lanes, or disregarding traffic signs, they breach their duty of care.
Environmental factors such as bad weather can affect liability in motorcycle accidents. In adverse weather conditions, all drivers should be extra cautious. Motorcyclists, however, are more vulnerable.
A defective motorcycle part can also be held responsible for a motorcycle accident. A lawsuit would be appropriate if a bad part contributed to the accident. A Denver motorcycle accident attorney with experience can help gather the necessary evidence and document accident scenes. A seasoned lawyer can also anticipate the strategies that insurance companies will employ and fight against them to secure full compensation for their clients.
The damages aspect of a motorcycle accident lawsuit focuses on recovering compensation for medical bills, lost wages, property damage, and other expenses. Motorcyclists’ injuries are often severe, leading to long hospital stays, surgery, rehabilitation, and other expensive treatments. Some injuries can even cause permanent, debilitating conditions that prevent people from working or doing the things they love.
Since no-fault insurance laws don’t cover motorcyclists, they must sue an at-fault party and insurer for these costs. Specialized damages, such as breach of warranty and product liability claims, may apply in certain cases.
It’s crucial to hire an experienced lawyer who understands these nuances. Additionally, an attorney should have the resources to prepare and litigate a case to a verdict. This includes having access to top-notch experts, such as accident reconstructionists and medical specialists. They should also be familiar with the special legal and insurance issues that apply to motorcycle accidents.
Motorcyclists have less protection than car passengers, which can lead to severe injuries. Expert witnesses are crucial to your attorney, as they testify to the cause of the accident and the extent of your injuries.
Your lawyer will use the expert’s opinion to prove your case and get you the compensation you deserve. The expert witness will be able to explain your injuries and how they have affected your life.
Take photos or videos of the scene if it is safe. This will help you to prove your case. You can take pictures or videos of the scene, including the cars, the area around them, traffic signals, weather conditions and other pertinent information.
Sometimes, a local or state government is responsible for an accident. There are specific requirements for suing a government entity, so consult an experienced attorney to determine your options.
Settlement or Trial
Whether your case settles or goes to trial, the value of your claim depends on your injuries and losses. Your attorney will work with experts to determine the full extent of your damages, including pain and suffering and future loss of income and enjoyment of life.
It can take longer for a motorcycle accident case to be resolved than a car crash case because of the need for expert testimony and medical evidence. Your attorney will work to gather this evidence as quickly as possible.
Additionally, because motorcyclists are specifically excluded from the no-fault insurance law, they may not receive the same basic compensation that people in cars get when injured in an accident. This means your private health insurance, if you have it, or Medicaid and Medicare if you qualify, will be your first source of funds to pay for your medical bills. Your attorney can help you get the compensation you need for these costs.