Because motorcycles share the roads with other motor vehicles, they also must deal with the same risks. However, motorcycles tend to have certain types of accidents that occur more frequently, and oftentimes with far greater consequences. In addition, because they bring a certain level of risk, it can sometimes require more negotiation with the insurance companies to get an accident resolved. If you or a loved one has been injured and is in need of a motorcycle accident attorney, give us a call at Injury Smart Law.
Our first concern is never getting paid, but rather ensuring that you get the best legal representation possible. We accept all personal injury cases on a contingency basis, meaning there are no out-of-pocket costs to retain one of our motorcycle accident attorneys. We are paid a percentage of the damages you recover. If we don’t win, we don’t get paid.
Steps To Take At The Scene Of The Accident
In the immediate aftermath of your accident, the most important thing to do is make sure you receive medical attention for any injuries you may have sustained. You should also take all steps necessary to safely move away from other vehicles on the road.
Ideally, the other driver involved in the accident will remain on the scene. However, even if the other driver left the scene, it’s still important to call the police. Doing so is key to preparing for your consultation with an Injury Smart Law motorcycle accident attorney. Having an objective party at the scene to document it simply helps you build a stronger case. That said, if your injuries don’t prevent you from doing so, you should also take pictures and write down your own memories of the incident. Bring these, along with relevant medical records and insurance policies, when you first meet with Injury Smart Law for a consultation.
Getting Motorcycle Accident Help
If the driver who caused the accident leaves the scene, our personal injury attorney’s can help. We’ll work with the police to determine the status of the investigation into the identity of the other driver, while also leveraging our own resources to ensure the accident is investigated thoroughly.
Even if the other driver did remain at the scene, you still need help from a qualified attorney at Injury Smart Law who understands how to prove negligence. Because many factors can contribute to a motorcycle accident, determining who is at fault is often a complicated process. Our attorneys will review all documentation, interview witnesses, and coordinate with law enforcement (and any other necessary parties or agencies) to help you build the strongest case possible.
Why You Need A Motorcycle Accident Attorney
As a motorcyclist, you have the same right to the road as other drivers. Unfortunately, motorcycle riders are often considered risk-takers who place themselves in danger, a stereotype that persists even when they are not at fault for their accidents. It affects the perception others have on the road, and even inside the courtroom before a jury if the case goes that far.
In addition to this, insurance companies often play off this stereotype when working on motorcycle accident claims. Insurance adjusters are trained to look for anything that could be used to limit their pay out for an accident. They will try to use anything they can find to minimize their payout. This may include digging into you social media profiles, looking for contradictory statements or photos to prove that your injuries were not as severe as reported. They also may try to use lane splitting as cause to limit a settlement or insurance pay out.
We are familiar with the various tactics used by insurance companies. Our motorcycle accident attorneys can counsel you on how to respond to questions from opposing attorneys or insurers. Our extensive experience means that we know how to gather the evidence necessary to prove your claims in court. When needed, we even work with independent experts, in order to accurately recreate your accident, and challenge any counterclaims made by defendants.
If you are a motorcycle victim, or the family of a victim, contact Injury Smart Law to set up a free consultation today. 1-877-688-2723.
Who May Be Held Liable?
Depending on the circumstances of your motorcycle accident, you may be able to hold the driver, the driver’s employer, your bike’s manufacturer, or sometimes a property owner liable for your accident. We can help determine who was likely at fault and present a case against the responsible parties on your behalf.
In presenting your case, there are a couple of elements that must be proven to receive the compensation you deserve – especially related to the other driver, also known as the defendant. These elements are outlined below:
Legal Duty
Whenever on the road, drivers are legally obligated to behave in a certain way with regards to the motorcycle rider. The defendant must take reasonable care to share the road with motorcyclists and other drivers.
Breach of Duty
Once the legal duty has been established, it must be shown that the other driver failed to fulfill that duty to show reasonable care while driving. For instance, if it is shown that they exceeded the legal speed limit, this is a demonstration of a breach of duty, as the driver carelessly or recklessly broke the law.
Proof of Damages
You must be able to show that the accident harmed you in some legally relevant way – you were injured, your property was damaged, and/or you incurred financial losses (via medical bills, time off from work, etc.).
Cause-in-Fact
After establishing the damages, it must be shown that the defendant caused those damages. This is typically done by showing that if the defendant had not acted in a certain way, that the accident and resulting consequences would not have occurred (e.g., If the driver had not sped and lost control of their car, they would not have hit you). Alternatively, if road conditions were the cause, you must be able to show that a failure to maintain the road was responsible for the accident (e.g., potholes that have gone for months without repair, despite constant reports from you or other drivers.)
Proximate Cause
Lastly, it must be shown that the consequences of the defendant’s actions could have been anticipated. For instance, it could have readily been foreseen that speeding or driving recklessly could potentially result in an accident.
The Consequences of a Motorcycle Accident Injury
Remember, because motorcycle riders are less protected on the road, the physical consequences of a motorcycle accident injury can be substantial. Working with an attorney boosts your odds of getting proper compensation for any medical bills you may incur in the aftermath of the accident.
However, that’s not the only type of damages you may be eligible for. After all, a motorcycle accident injury can have a major impact on your quality of life. Maybe your injury has resulted in limited mobility. This may prevent you from working. It may prevent you from performing activities you enjoy. It could even prevent you from being able to independently perform basic daily tasks. This results in an emotional toll on top of your physical injuries. In some cases, you may also receive damages to address such consequences as well.
Contacting a Motorcycle Accident Lawyer
Motorcycle riders are more likely than other drivers to sustain major injuries when accidents occur. That’s simply due to the fact that they aren’t protected by the exterior of their vehicles. Without that extra protection, they can experience greater harm than another driver in an accident.
This is a major reason why it’s important to contact a personal injury lawyer if you’ve been involved in this type of incident. Having a professional on your side is key to addressing the financial and emotional consequences of a motorcycle accident. You need help from an expert who understands how to determine negligence in a case like yours.
At Injury Smart Law, that’s exactly the kind of expertise we offer. If we decide to represent you, we’ll work hard to ensure you receive a proper settlement for your motorcycle accident. Contact us at 1-877-688-2723 today to schedule a Free Consultation.