Getting into a motorcycle accident can be a traumatic experience, both physically and emotionally, and chances are that you have suffered severe injuries. If someone else was responsible for what happened to you, they may have a legal obligation to pay you a considerable sum. Their insurance company will inherit the duty to pay you up to the amount of the policy limit. However, insurance companies will never make things easy on you, no matter how much they smile and try to make you think they are good guys acting in your best interests. You always need to fight to get the motorcycle accident compensation you deserve.
Proving that the driver was at fault can be challenging in the face of skeptical insurance companies who do not want to pay your claim. The most effective step that you can take to counter them is hiring a motorcycle accident lawyer to represent you in the legal process. They understand the complexities of motorcycle accident cases and can navigate the process on your behalf. Your attorney will gather evidence, negotiate with insurance companies, and fight for your rights to ensure you receive fair compensation for your injuries and damages.
Even though you are dealing with physical injuries and are otherwise preoccupied, it is in your best interests to make this phone call immediately. Otherwise, insurance companies will work to compromise your legal rights in any way they can.
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Other Drivers Are Often to Blame for Your Motorcycle Accident Injuries
In many cases, another driver on the road will be the one to blame for your motorcycle accident injury. Drivers do not always know a motorcyclist's rights under the law and may not understand that you follow the same rules in traffic. Even if they know your rights, they may not necessarily think about you and your safety and only focus on their needs. As a result, you can be in danger every time you go onto the road on your motorcycle.
It can be challenging for a driver to see a motorcycle under any circumstances because your bike is on an entirely different eye level than the passenger vehicle. It is lower to the ground and more difficult to see, and if the driver is behind the wheel of a pickup truck or a large SUV, they can have a hard time noticing a motorcycle before they strike it. Unfortunately, drivers do not exercise the right amount of caution and consideration, even under ideal circumstances. Accordingly, you end up paying a price for your well-being and safety.
Common Causes of Motorcycle Accidents
Drivers can cause motorcycle accidents in several ways. Most of all, they are careless and not paying full attention to the road. In other instances, they may be reckless, showing a conscious disregard for your safety through selfishness and dangerous actions. Regardless of what a driver does, you are at risk because you have little to nothing to protect you from the effects of a severe motorcycle accident.
Some common ways that drivers may cause a motorcycle accident include the following.
Distracted Driving
Drivers often need to pay extra attention to see vehicles that are not at their eye level, including bicycles and motorcycles. Unfortunately, many drivers are doing something other than entirely focusing on the road. For example, they may eat or talk to other passengers in the car. One of the most dangerous things they can do is look down at their phone to text or surf the internet. This activity takes their eyes off the road for an extended period and can also take a long time until the driver can refocus their attention.
Distracted driving can cause a driver to make an illegal lane change or run into the back of a motorcycle when they cannot stop in time to avoid an accident. These accidents often cause serious injuries to a motorcyclist because the driver has made little effort to slow down or prevent the crash.
Reckless Driving
The level of disrespect for your safety that drivers show can often rise to the level of conscious disregard. Reckless driving is a driver's choice to put themselves first and put everyone else on the road in danger. Reckless driving can consist of the following actions:
- Excessive speeding more than 20 miles per hour over the speed limit
- Aggressively weaving in and out of lanes
- Excessive tailgating too close to a motorcyclist
- Intentionally running stop signs and red lights
Reckless driving has become a significant societal problem, and motorcyclists pay the price. Drivers are more concerned for themselves than others, which is evident when they consciously disregard traffic laws.
Drunk Driving
Federal statistics show that the number of drunk driving accident deaths is at the highest level in over two decades. Even though authorities run numerous awareness campaigns, they never make a difference. It is hard enough for a driver to share the road with a motorcyclist when they are sober (even though it is a legal requirement for them to do so). It is even more complicated when alcohol or a controlled substance alters the driver's perceptions. These accidents often occur at high speeds after the drunk driver has made an unanticipated and unpredictable maneuver, which frequently means that the motorcyclist has suffered a severe injury.
Other Parties May Be to Blame for the Motorcycle Accident
In many cases, the driver who was in the crash with you is to blame for your motorcycle accident injuries. However, other potentially responsible parties may also have to pay for your motorcycle accident injuries. Your motorcycle accident lawyer will thoroughly investigate what happened to determine who you can sue for your injuries.
Other potentially responsible parties in a motorcycle accident lawsuit may include:
- A different driver: The driver who struck you may not have been the one to blame for the accident. Another motorist may have made a dangerous maneuver to which the driver who struck you was responding, and the accident may not have been their fault.
- The motorcycle manufacturer: In some cases, the motorcycle itself may have caused the accident due to a product defect. If true, your motorcycle accident lawyer can name the manufacturer or anyone else who sold the motorcycle to you as a defendant in a product liability case.
- The government: The government has a legal obligation to maintain the roadways in reasonable condition, clearing debris once it knows or should have known about possible hazards. The government is also responsible for designing safe roads, placing visible traffic signs, and avoiding dangerous designs that can lead to severe accidents.
- A company: If the driver who injured you was on the job during your motorcycle accident, their employer can be liable to pay you damages. Employees are agents of their employer when they commit their actions within the scope of their duties. Therefore, you can file a lawsuit against the employer if an employee was driving for their job at the time of the accident.
You Have an Obligation to Prove that Someone Was at Fault for the Accident
Regardless of what the driver did or did not do, you must constantly prove the same thing to win your motorcycle accident case; negligence is the applicable legal standard in every single personal injury case. In any motor vehicle context, negligence means that the driver did something unreasonable under the circumstances. The driver did something that an ordinary driver of reasonable skill would not have done or failed to do something they should have done.
A finding of negligence does not come from speculation or unsupported assertions. Everything you say in your motorcycle accident claim must have the support of evidence that you provide along with your claim. If you claim that the driver made an illegal lane change that cut you off, you will need testimony from a witness or a picture of the accident scene to prove what the driver may have done.
A motorcycle accident lawyer will investigate the accident thoroughly, gathering evidence such as police reports, witness statements, and medical records. They will work to determine liability and hold the responsible party accountable for their negligence or wrongdoing. By building a solid case on your behalf, they can negotiate with insurance companies and fight for the compensation you deserve for your medical expenses, lost income, pain and suffering, and other damages.
Insurance Companies Like to Blame Motorcyclists for Their Own Accidents
Even if the driver was to blame for the motorcycle accident, it does not mean their insurance company will not try to point a finger at you whenever possible. Insurance companies have a powerful incentive to try to cloud the picture and blame you however they can. They have likely reviewed your medical records and what you claim as your damages, and they have a firm idea of what they will need to pay you in a settlement. Insurance companies can reduce or eliminate the money they must pay you when they make any allegations against you. From their standpoint, it certainly does not hurt to try to blame you in any way that they can and force you to defend yourself.
Insurance companies are even more likely to make allegations against you when a motorcycle accident lawyer does not represent you. They think that they can get away with their conduct and intimidate you when you are trying to file a claim. Insurance companies may even believe they can get you to go away completely when you live in fear.
A Motorcycle Accident Lawyer Can Fight for You at Every Turn
When you hire a motorcycle accident attorney to represent you in your case, everything changes. Insurance companies are much less likely to take liberties with your legal rights when they see you have legal representation and someone who can hold them accountable for their actions. They know that a motorcycle accident attorney will not hesitate to reject any baseless accusations and will be completely unafraid to take your case to a jury. Insurance companies also understand that their policyholder can even sue them in a bad faith claim if they take things too far and waste an opportunity to settle the case. Either way, you should hire an experienced motorcycle accident lawyer after you have suffered an injury in a crash.
You Need a Motorcycle Accident Attorney Immediately
Not only do you need a motorcycle accident attorney, but you need one quickly. There are many developments in your case in the days immediately following your motorcycle accident. You can lose key evidence and feel pressure from an insurance company that has the motivation to undercut your claim before you can even file it.
If you are worried about the cost of a motorcycle accident lawyer, you can put those worries aside permanently. You do not have to pay a retainer, nor do you have to fear the prospect of getting hourly bills while your attorney is representing you.
Motorcycle lawyers typically work on a contingency fee basis. This arrangement means they only get paid if they win your case and recover compensation on your behalf. The lawyer's fee is usually a percentage of the money awarded to you in a settlement or through a court verdict. If your lawyer does not win your case, you do not owe them any fees.
The advantage of this arrangement is that it removes the financial barrier to accessing legal representation. You can hire a skilled and experienced motorcycle lawyer without worrying about upfront costs or ongoing legal fees, allowing you to focus on your recovery and obtain the compensation you deserve without the added burden of paying for legal services.
After a motorcycle accident, it is in your best interest to hire a motorcycle accident lawyer. They have the knowledge, experience, and resources to handle your case effectively and obtain the compensation you deserve. Do not navigate the legal process alone - reach out to a knowledgeable attorney and let them guide you through this challenging time.