Motorcycle accidents are unfortunately common occurrences on the roads in America. In fact, according to the Insurance Information Institute, motorcyclists are 27 times more likely than passengers of cars to die in a traffic collision. With such odds, it is inevitable that motorcyclists often question if they can sue when involved in an accident. The answer to this query largely depends on the specific circumstances surrounding the incident.
Legal Recourses after a Motorcycle Accident
Lawyers for motorcycle accidents often stress that it is entirely within a victim’s rights to sue following a motorcycle accident, especially if they have suffered physical injury or damage to their property. Engaging a lawyer for a motorcycle accident can significantly influence the outcome of your case, as they bring expertise in navigating the legal complexities involved. However, initiating a lawsuit and winning it are two different things. Winning a lawsuit requires clear, compelling evidence that the motorcyclist was not at fault and that another party was indeed responsible for causing the accident. This adjustment ensures that the emphasis on the importance of hiring a lawyer for motorcycle accidents is clearly highlighted in the context of legal recourse available to victims.
Determining Fault in Motorcycle Accidents
Accidents occur due to various reasons, such as reckless driving, speeding, failure to yield, intoxicated driving, or even malfunctioning traffic signals. If you can prove that your accident was due to another party’s negligence or failure to observe the law, you may have a viable case.
However, it is essential to remember that assigning fault doesn’t always rest solely on the opposing party’s actions. If you, as a motorcyclist, were partially to blame for the accident, the concept of comparative negligence would apply. This means that any awarded damages would be reduced according to the percentage of fault attributed to you.
Understanding Comparative Negligence
Comparative negligence, or contributory negligence, is a legal principle used in many American states that apportion blame and liability in a manner equivalent to each party’s degree of responsibility for an accident. If, for example, you were found to be 20% responsible for the accident, any monetary compensation you receive would be decreased by 20%.
Personal Injury Lawsuits vs. Insurance Claims
When involved in a motorcycle crash, your first step is usually to file an insurance claim with your own insurer or that of the other driver. However, if the insurance company denies the claim, offers an amount lower than required to cover your losses, or if the at-fault party is uninsured, it can be worthwhile to consider a personal injury lawsuit.
This is where the representation of an experienced lawyer proves invaluable. They can help you determine whether you have a strong case, handle complex paperwork, negotiate with insurance companies and potentially litigate the matter in court if required.
Benefits of Legal Representation
In the aftermath of an accident, it can be overwhelming dealing with recovery, property damage, and piles of medical bills. It is during this challenging time that having knowledgeable legal representation can make a crucial difference. A lawyer with experience in motorcycle accidents can navigate through the maze of insurance claims, police reports, and legal proceedings.
In addition to easing your burden, they may significantly increase your chances of garnering a fair settlement. The ultimate goal is to ensure that all your expenses related to the accident are covered and that any future costs, such as long-term physical therapy or necessary modifications to your home or vehicle, are accounted for.
It is indeed possible to sue following a motorcycle accident in the United States. However, the complexity of legal proceedings makes it largely advisable to seek help from a seasoned legal professional. They can help scrutinize the evidence, ascertain who is at fault, and ensure that your rights and interests are protected, thereby fostering the best possible outcome amid stressful circumstances.
Jessica Alexander
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