According to the most recent annual data from the National Highway Traffic Safety Administration, 84,000 riders were injured and more than 5,000 perished in accidents. If you are injured in a motorcycle accident and need to Motorcycle Accident Lawsuits Guide against the individual who caused the accident; this article will provide you an overview of what to expect.
What Are the Legal Grounds for Filing a Lawsuit in a Motorcycle Accident Lawsuits?
Someone whose negligence resulted in a motorcycle accident may held liable for your injuries. Depending on how the accident happened, at-fault parties in a motorcycle accident could include other drivers for careless or negligent operation of their vehicles. A government agency for poor road design or maintenance, or the manufacturer of a defective motorcycle part that failed and caused a crash.
Identifying the Fault Level
The cause of a motorbike accident can help determine who is at fault and how much blame each person carries. Some of the most prevalent causes of motorcycle accidents include:
- Opening a car door into the path of a motorbike.
- Turning left without surrendering to a motorcycle approaching.
- Drivers changing lanes without scanning their blind spots for motorcyclists.
- Motorcycles or components that have built improperly and may not function properly.
- A motorbike rider might lose control due to potholes, badly maintained roadways, and debris on the road.
Depending on what caused the disaster, many persons might held liable. For example, a motorcycle accident that happened when a car driver rapidly changed lanes to avoid a pothole and collided with a motorcycle in the adjacent lane may be the fault of the state or local government, in addition to the driver, for failing to maintain the road. It’s a good idea to start thinking about hiring an attorney regarding your accident now, regardless of who is to blame.
What If You’re Only Partially at Fault?
It’s conceivable that you contributed to the accident or your injuries in some way. Failure to wear a helmet as required by law in your state. For example, may make your injuries more serious than they would have been otherwise. The impact of your fault on your capacity to recover damages is decide by the laws of the state where the accident occur.
The vast majority of countries apply a comparative negligence rule. Jurors examine the evidence and determine the degree of guilt carried by the injured party, therefore lowering the damages given proportionately. If jurors determine that you were 20% at fault for your injuries. Because you didn’t wear a helmet, the amount of compensation awarded will reduced by 20%.
Alabama, Maryland, North Carolina, Virginia, and the District of Columbia each have its own set of rules for when an injured person sues for damages. Contributory negligence laws prohibit an injured person from recovering anything in a motorbike accident lawsuit if evidence indicates they were even 1% at fault.
How can you be compensated in a Motorcycle Accident Lawsuits ?
Your motorcycle accident lawyer able to demonstrate that your injuries were cause by another party’s reckless, careless, or negligent acts. Each of the following components must demonstrated by the plaintiff, or the person who has been injured and is seeking damages:
- The defendant owes the plaintiff a legal responsibility.
- This is a breach of the contract.
- The plaintiff’s injuries actually exist.
- A legal requirement was broken, which resulted in the injuries.
You may be able to recover the following damages:
Motorcycle accidents can cause catastrophic injuries that need extensive medical care, rehabilitation, extended hospital stays, and surgical treatments. You may eligible to receive compensation for the costs of the care you received. As well as reimbursement for the costs of any future medical care you may require.
Suffering and Suffering
You might be eligible to financial compensation for the physical pain and suffering you’ve had as a result of your injuries.
A serious motorcycle accident can cause physical and emotional damage, which can lead to depression, anxiety, post-traumatic stress disorder, and other mental health issues.
You may have to miss work due to the seriousness of the injuries commonly associated with motorbike accidents. Compensation might encompass both present and future wages lost as a result of being unable to work or having a lower earning potential.
Damages might include the cost of repairing or replacing your motorcycle. As well as other personal items like the helmet you were wearing.
Damages in Case of Punishment
Punitive damages, as the name indicates, are meant to punish someone for a particularly heinous crime. It would depend on the circumstances; such as a motorist colliding with a motorcycle on purpose as part of a road rage incident.
Damages from a Motorcycle Accident
The objective of awarding damages in a motorcycle accident lawsuit is to make the injured individual whole again. Some types of losses, such as missed earnings and medical expenses, can easily identified using bills and work records.
Other damages, like as pain and suffering or mental anguish, are more difficult to quantify since the amount awarded is based on the severity of the plaintiff’s injuries as well as the conduct of the person who caused them.
Average Settlements for Motorcycle Accidents
The degree of guilt on the part of all parties involved, including the victim, as well as the severity of the injuries, decide the amount of a motorcycle accident compensation. The amount of damages awarded at trial or by settlement varies depending on the circumstances.
A jury in New Jersey awarded a 67-year-old man $2.645 million in damages to a county for shattered bones he received after his motorcycle hit two potholes. A shattered ankle that interrupted a motorbike rider’s military career led Georgia jurors to award the wounded rider $8 million in a motorcycle accident case brought against a shipping company. Here are two examples of how motorcycle accident cases may have radically different outcomes.
Consider These Factors Before Filing a Motorcycle Accident Lawsuits
A number of factors influence whether a case is resolved or goes to trial for a decision.
The Perceived Value of a Potential Case
It’s not an exact science to assign a monetary value to a situation. For example, pain, suffering, and mental anguish are difficult to quantify. Certain attorneys and insurance companies use a multiplier to determine the value of a claim.
Multiply your medical expenditures and other out-of-pocket expenses by a number ranging from 1.5 to 5 using the multiplier method. A smaller multiplier is used for minor soft-tissue injuries; whereas a greater multiplier is used for catastrophic injuries that may result in lifelong impairment.
For instance; if your lost income, medical costs, and other out-of-pocket expenses total $20,000, and you multiply the severity of your injuries by three, your pain and suffering is worth $60,000. Settlement may delayed or avoided due to differing opinions on value.
A second method for estimating the cost of pain and suffering is the per diem method. The number of days from the date of your motorcycle accident until your doctor says; you have reached maximum medical improvement and releases you from treatment. Indicating that you have either fully recover or that no further recovery is predict. The days are multiply by a daily monetary sum based on the severity of the injuries and their impact on your daily life.
If your doctor discharges you after 200 days of therapy and a daily sum of $250 is agreed upon, your pain and suffering damages will be $50,000 (200 days x $250). Your lawyer may choose a higher per diem amount if your injuries leave you permanently handicapped.
The Plaintiff’s Damages
The value of a claim is determine by the impact of an injury on a specific person. A broken ankle that ends a plaintiff’s military career is worth more than a broken ankle that has just a little impact on the plaintiff’s job and lifestyle, such as a secretary.
Likelihood of the Defendant’s Liability
The strength of the plaintiff’s proof of culpability and the claim’s settlement value are link. When the situation is bad, an insurance company’s readiness to offer diminishes. If the plaintiff is determined at fault, the amount given will decreased.
Benefits from Insurance
Regardless of the claim’s assessed worth, the amount of insurance coverage available to pay has an influence on settlement. When the at-fault party has little assets to pursue in order to satisfy a bigger judgement, a plaintiff may forced to settle a claim by accepting the policy restrictions.
Is There an Anti-Motorcycle Bias?
Some people, especially those who could end up on a jury, think of motorcycle riders as irresponsible or immoral. Because of this bias, insurance companies may be less willing to accept lower settlement offers. Even if it means going to trial. A plaintiff must build a convincing case based on strong evidence proving negligence and damages.
Settlements vs. Trials
A motorcycle personal injury attorney can assist you in weighing the advantages. And disadvantages of accepting a settlement offer vs going to trial. You must rely on your attorney’s knowledge and insight in order to make an educated decision.
How Long Does a Motorcycle Accident Lawsuit Take to File?
When you and your lawyer decide to start a case, it will proceed through the stages listed below.
How to File a Motorcycle Accident Lawsuits
The service is the answer:
This is the defendant’s (the party being sued) written response to the allegations in your complaint. Depending on the state’s regulations; the defendant may have up to 30 days from the day the case was served to file a response.
Each side in the lawsuit seeks to gather information on the many concerns throughout this stage of the proceedings. Depositions, bills of particulars, interrogatories, demands for the provision of medical data, and physical examinations are just a few of the instruments that the parties could use to figure out who is responsible and how much money they owe each other. A comprehensive discovery procedure may take months to complete.
Motions to the court are written petitions to the court to resolve a legal or other issue before the case gets to trial. A motion may filed based on a party’s failure to comply with discovery demands.
Depending on state legislation and local court requirements; conferences requiring the attorneys representing the parties to meet with a judge to discuss the status of the case may be scheduled. These sessions are usually scheduled to ensure that the case is moving forward towards a trial or other resolution.
After all of the preliminary procedures have been completed, the case is set for trial. The plaintiff has the responsibility of demonstrating the defendant’s negligence in causing the accident. As well as the amount of the plaintiff’s injuries and other damages, during a trial. A judge or a panel of jurors will assess if the plaintiff has met this burden of proof by making a judgment in favor of either the plaintiff or the defendant.
When you’ve been injured in a motorcycle accident, you need a lawyer who will fight for you and give you the best chance of receiving the compensation you deserve. You want someone who has experience with motorcycle accident cases and has a proven track record of success. Both in terms of settlement and, if a reasonable settlement cannot be reached, in terms of trial.