Motorcycle accidents differ from typical car mishaps. Most importantly, bikes lack several safety features in cars that protect occupants. Regrettably, this increases the risk of serious injury and, in extreme circumstances, fatalities. Even with the best protective gear, riders will likely experience significant injuries.
What do you do after such incidents? Can you afford the associated medical bills? Will you have to skip work? What can you do if the other party isn’t adequately insured? Can you sue the driver? These are vital concerns after an accident. But one thing is certain. You must take the right steps to protect your case and be mindful of what lies ahead.
Facts
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- The National Highway Traffic Safety Administration (NHTSA) records show riders are 28 times more likely to die in a crash than other motorists.
- According to the Insurance Information Institute, the average motorcycle injury claim is around $15,000.
- The average jury award for motorcycle accidents is approximately $73,700.
Visit FletcherLawUSA.com to learn how attorneys can help you sort through the many variables after an accident. Make an informed decision after seeking professional legal guidance. The following section overviews some basics to remember after a motorcycle crash.
Seeking Medical Attention
The most important step after a motorcycle accident is to seek medical attention immediately. Ensure you get a thorough evaluation by a healthcare professional and receive proper treatment even when you think the injuries are not severe. Plus, document any injuries sustained in the accident.
Documenting the Accident
Film the accident as much as possible. This includes:
- Collecting contact and insurance information from all parties involved
- Taking photographs of the accident scene
- Taking pictures of your injuries
- Taking photographs of any property damage that occurs directly due to the accident
Note: Be sure to gather contact information from witnesses.
Preserving Evidence
Keep all medical records, receipts for expenses related to the accident, and any other documentation supporting your claim. Plus, avoid making any repairs to your motorcycle or discarding damaged gear until your attorney has had a chance to examine them.
Understanding the Legal Basis for a Claim
Most motorcycle accident claims are based on the legal principle of negligence. To establish it, you must prove that the other party owed you a duty of cautiousness, breached that duty, and directly caused your injuries. A seasoned motorcycle accident lawyer will help you gather evidence and build a solid case to prove these elements.
Contributory Negligence and Comparative Fault
In some cases, you may be partially at fault for the accident. Depending on your jurisdiction, this may affect your ability to recover damages. Some states follow a contributory negligence rule, which means that if you are found to be even partially at fault, you may not recover any compensation.
Other states use a comparative fault system, where your compensation may be reduced based on your percentage of fault. A savvy motorcycle accident lawyer helps you understand how these rules apply to your case.
Filing For Compensation and Navigating the Claims Process
Medical Expenses
Victims of motorcycle accidents can seek compensation for medical expenses, including emergency treatment, hospitalization, surgical procedures, rehabilitation, and subsequent care. Keeping detailed records of all medical expenses is essential to maximize your compensation.
Lost Income
If your injuries prevent you from working, you may be entitled to recover lost wages and future earning capacity. Your lawyer helps you calculate these losses and gather the necessary documentation to support your claim.
Pain and Suffering
In addition to economic damages, you may be entitled to compensation for pain and suffering. This can include physical pain, emotional distress, and the overall impact of the accident on your quality of life.
Property Damage
Motorcycle accident victims can also seek compensation for property damage, including repair or replacement costs for their motorcycle, protective gear, and any other damaged personal property. The claims process is often complex and challenging, especially when dealing with insurance companies who work to minimize their liability. Partnering with an experienced motorcycle accident lawyer is your best bet to ensure your rights are protected and you receive the compensation you deserve.
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