Legal Guide

Income loss after a motorcycle accident qualifies you for more compensation – seek the lawyer!

You met with an accident and are suffering from significant injuries; then, you have the entitlement to seek compensation for the damages. Find yourself an experienced and qualified personal injury lawyer who will support you in getting justice by fighting the lawsuit. The legal team is compassionate towards all the victims, and therefore, they work relentlessly in pursuing the case to win the claim amount. 

Just go online to click here and contact a motorcycle accident lawyer here and you'll know what steps are next. There is no upfront cost, and you can book the first appointment for free. The initial consultation helps both the parties (lawyers and you/victim) understand the mutual bond and the preliminary case. Not all attorneys attempt motorist accident cases, and it is better to discuss the possibilities in this appointment and then take further decisions.

What are the common types of motorcycle accidents?

Unfortunately, motorcycle accidents are the most common mishaps that go for legal claims. The degree of injuries is high as the motorists are on faster speed and generally, the other vehicle is car or truck. Here are the significant types of motorcycle accidents:

  • Head-on crashes: When a motorist collides with a bigger vehicle (car/truck), the results are catastrophic. When the motorbike crashes front-to-front with another car, then it is a head-on collision. A very dreadful accident that sometimes results in the death of the motorcyclist also and most of the cases leads to severe injuries.
  • Left-turn accidents: Another widespread type of accident happens when a bigger automobile turns on the left side and misses looking at the motorists going straight and crashes. As per the rules, one who is turning left is liable for this crash. However, if the driver going in a straight direction is speeding and doing any dangerous activity, they are at fault.
  • Lane splitting: When the motorbike driver rides between two lanes, it confuses and results in an accident. All 50 states have different road regulations, in some places, lane splitting is permissible, but in some, it is illegal.
  • Speeding and DUI: Speeding is one major cause of accidents on the road. Whether it is cars or motorcycles, nobody is safe while speeding on highways. Another illegal and fatal reason is driving under the influence of drugs and alcohol.
  • Road hazards: Road hazards like potholes, uneven streets, and objects on lanes cause major accidents. It becomes difficult to avoid these and claim for these accidents. 

What are the causes of motorcycle collisions?

The motorcycles are bare and have less visibility on heavy traffic roads. This is the primary reason for accidents. The National Highway Traffic Safety Administration (NHTSA) reports that motorcycle accidents are 30 times more frequently than other road accidents annually. The reason for motorists' crashes is many; there is two-party negligence or sometimes multi-party negligence.

  • Tailgating
  • Driving under illegal drug or alcohol
  • Swerving of other vehicles
  • Reckless driving or speeding
  • Failure to maintain the lane discipline
  • Neglecting to observe other drivers
  • Cutting off the lanes and intersections
  • Leaving less room between two vehicles
  • Loss of motorbike (brake failure)

What are the fatal injuries you might suffer?

When you encounter a motorbike accident, the damage is fatal. From scratches and bruises to spinal cord injuries and paralysis are possible. Do not think that because you are on a two-wheeler, it makes it safer for you on the road. You are susceptible to more injuries than a person driving a car. Here is the list of some dangerous mishaps:

  • Major burns and blisters
  • Spinal cord damage
  • Disfigurement
  • Disability due to loss of limbs
  • Major organ damage
  • Neck and bone injuries
  • Traumatic brain damage
  • Paralysis of the body (partial or complete)
  • Head injuries and skull damage
  • Vision loss

Injuries result in permanent hair loss, skin loss, or personal damages resulting in memory loss. You might also suffer from mishaps that do not show instantly but appear throughout recovery and are irresolvable.Most of the compensation cases happen between motorcyclists and trucks, which means the injury of motorcycle riders will be much higher than the other.

What to do after the motorcycle crash?

A motorcycle accident is fatal as the biker is susceptible to more injuries than a car or truck driver. The speed of the biker is high that results in motorbike wreck. Here are some pointers to consider if you are a victim or dear one of the victims:

Report the police: Whether it is a severe collision or minor one, reporting to the police authority is mandatory. The road law also states that all accidents (minor or major) are liable to report to the law enforcement officer and police.

Collection of information: If you are badly injured, it is challenging to collect details of witnesses and the parties involved in the accident. However, if you are not suffering significant damage, gather the witness details, pictures of the licenses, number plates, and video proof of the accident scene.

Maintain expense records: All the expenses that include hospital bills, ambulance fees, rehabilitation center, and first aid nursing; qualify for the compensation. You must maintain a written record of all that also has the bills and authentic receipts of the treatment. Do not forget to collect the paperwork from your workplace for the loss of wages during your recovery time.

Maintain diary entry: It appears strange to maintain a diary of the mishaps; it's like reliving the trauma but, you might forget the more minor details while filing for the insurance claim. These are critical details if you are ultimately seeking a lawsuit for compensation.

How to determine if you can file a case after a bike collision?

You met with an accident and are suffering from injuries but, this does not qualify you from filing a lawsuit. A link must establish between you and another drive through the crash that proves the negligence. The legal expert will access the entire collision to conclude there the other driver was at fault. Your attorney will carry out this information in the following manner:

  • Create the evidence against the party at fault by the duty of care ensures that the victims' health and safety are never at stake.
  • Establish the data to prove the other party as an offender by breach of their duty clause. An unreasonable driving that leads to injuries and property damage.
  • Proof of the direct link between you and the at-fault party that resulted in personal injuries.
  • Confirmation of data that proves that you are suffering financial damage and an emotional setback, which is because of the defendant.

The legal representatives gather evidence and verify it to build a strong case for the judiciary hearing.

What if another rider was at fault? Are you still eligible for a claim?

Yes! You are eligible to become the plaintiff and file a negligence case against the other rider. The term 'negligence' here implies any fault of another driver that leads to personal injury. A risky behavior, reckless driving, DUI, speeding, and uninsured driving all qualify for negligence if there is a collision and you suffer the damages.

You can file an insurance claim from your agent after an accident. And you are eligible to claim from the other driver's insurance company if they are at fault. You hold the right to file a lawsuit in case there is delay or denial of claims.

The terms accident and crash are interchangeably in use, but there is a slight difference. The word 'accident' or 'collision' means there are more motorists involved in the mishap. However, if only the word 'crash' is there in the official statement, then it means that only one driver was involved.

What builds the compensation amount after the motorcycle accident claim?

When you suffer personal injuries after the bike accident, you are immediately eligible for an insurance claim. However, suppose you prove the entitlement to compensation from the other party (driver at fault) or using the insurance company due to delay or denial of the claim. In that case, you can prepare the compensation amount. Check with your attorney and start making the list of damages: 

  • Medical expenses – hospital bills, nursing fees, rehabilitation costs, and other medical costs that arise after the personal injury.
  • Loss of earning capacity – Wages loss, temporary or permanent unemployment damages, any reason that resulted in your loss of income (disability).
  • Family loss – If you had a pillion rider (family or loved one), they also suffered major injuries or died.

Other than these are other claimable damages also that cause emotional distress:

  • Trauma, emotional stress, pain, and loss of enjoyment of life.
  • Mental issues like memory loss or problems that did not show immediately after the accident but crops up few months.

Conclusion

Speak to the motorbike accident legal representative who can guide you throughout the claim. The thing you want is to experience the judiciary system's hassles that involve massive paperwork and other proceedings. Just drop this responsibility of the lawyer who is an expert and holds the complete know-how on the attorneys to ensure peace of mind in getting justice.


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