Motorcycle Accident Lawsuit

Determining how to pursue legal action against a negligent motorist can be tricky. Without taking the proper steps, resolving a motorcycle accident claim may take longer than expected and not yield ideal results. Follow these best practices before filing a motorcycle accident lawsuit.

Fault in a Motorcycle Accident

It’s no secret: riding a motorcycle is dangerous. In contrast to their four-wheeled counterparts, motorcycles do not provide riders with any outer shielding or protection as cars. Additionally, they are less visible to motorists, making them more accident-prone.

Motorcyclists are also more susceptible to crashes when the roads have not been maintained or when weather conditions are not the best. In fact, they are 29 times more likely to succumb to a crash than other motorists. More startling, approximately 88,000 people suffer injuries from motorcycle accidents each year.

While the assumption is that reckless bikers are to blame for most collisions, research indicates that negligent motorists are actually to blame. After sustaining an injury from a negligent driver, it is within motorcyclists’ rights to file a motorcycle accident lawsuit. If the suit is a success, victims can be compensated for damages, like medical treatment and bike repairs/replacement.

Here are the top seven tips that will help injured motorcyclists obtain compensation for a car accident with a negligent driver.

1. Get a Copy of the Police Report

Obtain a copy of the accident report that you can use to file a lawsuit against the at-fault party. The police will only give you the report if you are a party of interest in the accident. People eligible for the report include motorists, vehicle owners, passengers, or parents/guardians of a minor involved in an accident.

Request the report in person at your local highway patrol office or via U.S. mail. You must also fill out a request form and sign it before submitting the request. The highway patrol authorities will expect you to give the accident date and location, your name, and your address.

When submitting the form, you must present a copy of your state-issued ID or driver’s license. The highway patrol officers will also expect you to pay a reported fee depending on the number of pages in the report. They will only accept cash when you request the report in person.

2. Determine if Insurance Covers the Crash

If the other party is at fault, find out whether their insurance can cover your claim. Confirm whether the other party has liability insurance and determine their policy limits.

This information will help you determine whether you’ll collect any damages in the lawsuit. That’s because if you win the case, the court will ask the at-fault party to compensate you. It might also be challenging to pursue a lawsuit against someone with no insurance.

Consider the intensity of your injuries after surviving the crash. Check whether your insurance can cover the injuries and damages. If you have a comprehensive motorcycle insurance policy, it may cover damage or loss to your bike during an accident.

3. Maintain Medical Records and Bills

The lawsuit’s success depends on how well you demonstrate that the other party was at fault. You should thus visit the doctor and get diagnosed for any injuries suffered. Remember to stick to the doctor’s orders, treatment plans, and medication for quick recovery.

Once you survive a motorcycle accident, rush to the nearest hospital to examine your injuries. Make the visit within the first 72 hours before the injuries worsen. Allow the physician to check you out even if you didn’t suffer any physical injury.

Courts are likely to rule in your favor if you prove the effects the accident had on your wellbeing. Keep your medical records to use in the motorcycle accident lawsuit.

4. Store the Evidence in a Secure Place

Simple items like a scuffed leather jacket and cracked helmet can serve as evidence for the lawsuit. You can use them to demonstrate the severity of the crash.

Keep pictures taken at the accident in a secure place since they may act as evidence. Other pieces of evidence may include witness statements, license plate information, and statements from all parties involved.

5. Familiarize Yourself with Deadlines

File your motorcycle accident lawsuit before the statute of limitations in your state expires. A statute of limitations is a law governing the deadline for filing lawsuits. The deadlines vary in every state, but most personal injury cases have a two-year timeframe and begin on the date of the accident.

Statutes of limitations help prevent defendants from facing unfair legal action or prosecution. It’s meant to reduce fraudulent claims. Therefore, individuals cannot file a lawsuit 5 years after the crash, even if they believe the injuries were a direct result of the motorcycle accident. Once the time expires, a motorcycle accident lawsuit can no longer be filed.

6. Hire a Personal Injury Lawyer

Hire a motorcycle accident attorney to increase the chances of a fair settlement. Before hiring them, meet with the lawyer for a consultation. The consultation will help both parties learn about each other. It also works as an opportunity to determine how much a motorcycle accident lawsuit is worth. 

Some personal injury lawyers work on a contingency basis, which means that they do not charge clients unless the case is won. Lawyers who use this model must be confident that the cases they take on will be a success – otherwise, they won’t get paid. 

Working with an attorney increases a victim’s chances of winning the lawsuit. Also, the contingency fee structure makes their legal services more affordable. 

7. File the Lawsuit with a Lawyer’s Help

Your motorcycle accident lawyer will focus on establishing negligence in the accident. They’ll ask you to narrate the events that led to the incident and provide any supporting evidence.

Your lawyer will also give the involved party a notice of claim to inform them about your intent to file a lawsuit. They’ll deliver this notice through a law enforcement officer, court official, or professional process server. With the notice served, settlement talks will begin between the two parties. Attorneys from both parties will try to reach an acceptable settlement.

If both parties fail to settle, your lawyer will file a lawsuit in court. The lawsuit will then go through pleadings, discovery, trial, and probably an appeal. Parties may decide to hold any of these processes by settling at any time.

Let’s Help You File a Motorcycle Accident Lawsuit

Motorcycle accidents result in serious injuries that may impair people’s lives moving forward. This is why victims of accidents are given the option like a motorcycle accident lawsuit to recover from the mental, financial, and physical effects of another person’s negligence.

Alpha Accident Lawyers can provide the necessary legal help to get victims compensated for their motorcycle accidents. Schedule a free consultation with us today to get started.