Motorcycle Accident Lawsuits: Fault, Statute of Limitations, Filing a Claim, Settlements
Injuries suffered in a motorcycle accident are more serious than those suffered in other types of accidents. That is because riders are exposed and the only thing protecting them is the helmet. If you suffer an injury in a motorcycle accident, you should know how to receive compensation for the damages incurred. You can get compensated for the damage by filing a motorcycle accident lawsuit against the party responsible for the accident.
In this post, we’ll show you how you can file a motorcycle accident lawsuit to get compensated for the damages incurred in a motorcycle accident.
Parties at Fault
There can be different parties responsible for the accident. Depending on what caused the accident and who was at fault, you may sue other drivers, manufacturers, or the government.
If another driver hits you while you were riding a bike in a safe manner, you may file a motor accident lawsuit against them. In this case, you must prove to the court that the other driver was at fault and they are responsible for the accident. The court will require evidence like police report, witness testimony, photographs of the accident etc. to determine if the other driver was at fault.
Sometimes a defective motorcycle part like faulty brakes, tires or fuel engine can cause an accident. In that case, you may file a lawsuit against the motorcycle manufacturer. To get compensated for your damages, you’ll have to prove that the accident occurred because of a defective part. You should keep the wrecked bike safe so that it can be analyzed to determine the defect that caused the accident.
If the motorcycle crash occurred because the road was in terrible condition, you may file a lawsuit against the government authority responsible for the maintenance of the road. These kinds of lawsuits can be extremely difficult to win and mostly require a lawyer’s assistance.
Statute of Limitations
If you wish to file a motorcycle accident lawsuit against the party responsible for providing compensation, you must act quickly. Statute of limitations of each estate limits the time a person has for filing a lawsuit in a motorcycle accident. Some states require the victim to file a lawsuit before one year has passed since the accident while other states give a period of two years for filing a motorcycle accident lawsuit. If the time frame given by the state has passed, the victim won’t be able to file a motorcycle accident lawsuit.
Filing a Claim
If you want to receive compensation for the damages incurred in a motorcycle accident, you should file a motorcycle accident lawsuit. Before you file a claim, you must determine the party responsible for the accident. As discussed earlier, other drivers, manufacturer or the government organization may be responsible for the accident. Once you have determined the party responsible for the accident, you can file a motorcycle accident claim against them. A motorcycle accident claim allows you to recover the damages incurred in an accident. The damages for which you may receive compensation in a motorcycle accident claim include medical bills, pain and suffering, lost wages and property damage (damage to the motorcycle).
You should hire an experienced motorcycle attorney to file a claim against the party responsible. A lawyer will help you gather the evidence required for the case. The lawyer will:
- Gather evidence like witness testimonies, photographs, and police report
- Obtain medical reports and medical bills
- Handle administrative details and court filings
By carrying out these activities, the attorney will strengthen your position at the court and help you get compensation for the medical bills, pain, suffering and lost wages.
In order to receive the right compensation, it is critical to calculate the damages incurred as a result of the motorcycle accident. Damages should be calculated before filing a claim against the party responsible for the accident. An experienced attorney can help you calculate damages by collecting medical bills and other evidence.
Never Admit Fault
Some people apologize after an accident even when they are not responsible for causing the accident. This is a big mistake. You should never say sorry after an accident even if you’re at fault. You should never admit your fault because your statement can be used against you in the court. Your insurance company might also ask you about who was at fault when you report the accident to them. You should never tell them that you were responsible for the accident. If you say that the accident occurred because of your mistake, they will not give you any compensation for the damages.
After a motorcycle accident, the insurance company of the at-fault party may contact you and offer you a settlement. Usually, they will act in a friendly manner and make a low-ball offer to settle the case outside of the court. You should not accept such an offer. The reason is that the offer made by them won’t be enough to compensate you for the damages. If you file a motorcycle accident lawsuit with the help of an experienced attorney, you will be able to get a fair compensation.
A motorcycle accident can result in serious injuries and may have a major impact on your life. You may not be able to go to work and you are likely to experience major financial damage as a result of the accident. Fortunately, you can receive a compensation for the damages incurred in an accident by filing a motorcycle accident lawsuit. The damages you may get compensated for include medical expenses, pain and suffering, lost wages and property damage. When filing a motorcycle accident claim, hire an experienced attorney to help you collect evidence and calculate the damages. By hiring an attorney, you can increase your chances of winning the motorcycle accident lawsuit.