However, thanks to the decreased protection they offer and their smaller size, accidents involving motorcycles can be particularly devastating.
Many people prefer motorcycles due to the convenience they offer. However, motorcyclists face unique road challenges, like uneven surfaces, less trucker visibility, lack of protective elements, small objects, and wet pavements. These risks are natural accident triggers. According to 2020 statistics from the National Highway Traffic Safety Administration, about 83,000 motorcyclists sustained injuries in traffic accidents, while over 5,000 riders died. About 10 percent of these deaths happened in California.
Determining who to hold responsible can be challenging if you are involved in a motorcycle mishap. Hence, predicting the outcome of a motorcycle accident claim is challenging. However, some factors are significant to the process. Working with a result-driven motorcycle accident attorney, like Ronny Hulsey of Smith Hulsey Law, can help achieve a positive outcome. They will examine your case to determine the best way forward. Most law firms offer free consultations and charge contingently.
This article discusses five legal considerations for motorcycle mishaps and personal injury claims.
Take the Appropriate Steps after the Crash
The steps you take after a motorcycle accident determine the success of your claim. Following the appropriate steps can be a game-changer. First, ensure the safety of those involved in the crash. Check for injuries and, if necessary, call emergency responders to give emergency medical services and document your losses. Snap pictures, speak with eyewitnesses, and gather any other details available once you are in the right mental state. Ask the responding officers if they will draft a report of the accident and how you can get a copy when they finish. Visit the hospital immediately if you feel uncomfortable.
It is still advisable to prioritize your health even if you have no physical injuries. Sometimes, victims unknowingly have internal bleeding. Undergo all the necessary tests and treatments to prevent the insurers from downplaying your claims. They often argue that those who did not seek extensive medical help or visit the physician late do not deserve colossal compensation.
Know Your Statute of Limitations
The statute of limitations varies by state but typically between two and four years. For instance, San Diego accident victims have two years to file a lawsuit. If the victim dies, the deceased’s family can institute a claim within the given period. However, issues involving government bodies have shorter statutes of limitations. It is often six months after the incident. In every context, minors must file their claim two years after turning 18. It is advisable to file your claim quickly when the incident details remain fresh. It will help you build a convincing argument. Filing your case after the expiration of the statute of limitations will make you lose your right to compensation.
Know How Negligence Plays Out
Negligence is a core aspect of civil litigation. Your attorney must argue convincingly that the defendant behaved in a way a logical individual would not have in the same context. Further, they must link the defendant’s negligence to your injuries. The jury or insurance investigators will consider the evidence to apportion blame. Sometimes, they indict the plaintiff; the victim also sometimes contributes to the losses. Depending on your jurisdiction, you cannot demand compensation once you share the blame. However, if you live in a pre-comparative negligence jurisdiction like San Diego, you can still claim compensation even if you are 99 percent guilty of the crash.
Know the Hidden Costs
Motorcycle accident costs continue even after discharge from the hospital. For instance, you may still need to visit your physician, travel to and pay for therapies, cater to medical implants, and shoulder long-term care bills. Even if you have no further medical costs, you may still have to tow and repair your motorcycle. You may have to rent a car or another motorcycle while still repairing yours. All these are losses you should claim. Personal injury cases empower you to economic and subjective damages. Liaise with a skilled attorney to research these expenses and how to present them in your claim.
Hire a Skilled and Responsive Legal Professional
While hiring a personal injury lawyer for your case is not mandatory, you will intentionally shortchange yourself if you take that route. Insurers will likely force meager offers down your throat and block avenues of seeking more compensation in the future. Insurance adjusters deploy various tactics to shift the blame to plaintiffs and downplay their injuries. It is almost impossible to negotiate well and objectively while still in pain.
That is why you should allow a trusted attorney to lead. Lawyers are skilled and objective negotiators. They understand tort laws and how to interpret them to your advantage. Also, insurance firms negotiate in good faith when dealing with lawyers. That is why most personal injury cases end in settlement. Thus, hire a reputable and result-driven lawyer for your case and see how they will surpass your imagination.
Conclusion
Motorcycles easily navigate traffic jams and need fewer parking spaces while also generating fewer pollutants and consuming less fuel. However, thanks to the decreased protection they offer and their smaller size, accidents involving motorcycles can be particularly devastating. By taking the right steps and seeking the assistance of an experienced and reliable attorney, you can navigate the legal system with ease post-accident and secure the most appropriate compensation for your suffering and losses.
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