Site icon Lemon Law

A Guide to Motorcycle Accident Claims

A Guide to Motorcycle Accident Claims

Riding on a motorcycle provides you with the ultimate freedom on the road and accords you some sense of control as you maneuver through packed traffic. However, as a rider, you’re faced with unique challenges. In the event of an accident, you will need a motorcycle accident guide to pull through the personal injury system.

What Should you do If you are Involved in a Motorcycle Accident?

If you are involved in a motorcycle collision, you may not know the exact step to take next. You must understand your rights and obligations as a rider to make the right decisions. Here are some helpful tips:

Determining Fault, Damages, and Time Limits

Accidents can be caused by motorcyclists or other road users on roadways that could be more hazardous for bikes than other vehicles.

If you are injured in a bike accident, keep these factors in mind as you ponder the next step of action and whether you should take legal action against the offender.

According to DMV.org, if you are involved in a bike accident caused by another driver, the law of negligence applies. Negligence means that it was out of the other driver’s carelessness that the accident occurred, causing you bodily harm and damage to your motorcycle.

How to Determine Fault

The first step taken by your personal injury lawyer after the accident is to assess the situation to determine who is liable for the accident. To arrive at that, your lawyer will need to establish the following:

If your personal injury lawyer can establish that the other driver is liable, they are free to proceed to the next phase.

How to Determine Damages

Damages after a motorcycle accident can be assessed by establishing the following:

Upon answering the above questions, your motorcycle accident attorney can commence the damage valuation process.

Damage Valuation

The process of determining the extent of damages is no different from other personal injury cases. It is calculated as both special damages and non-economic damages.

Special damages: These are the calculable damages like medical costs, property damage, and lost time at work. Figures can be reached easily through calculations; for example, your lawyer can bring in an economist to present their opinion.

Non-economic damages:These are damages that cannot be calculated, like pain and suffering. There are no fixed guidelines to determine their value, so the amount you are likely to get in compensation depends on how your attorney presents your case.

Final Thoughts

The success of the entire process to settle or sue is pinned on the ability of your motorcycle accident claims lawyer. It is advisable to approach experienced attorneys who specialize in similar cases, not only to argue a more powerful case on your behalf, but also to speed up the process.

Exit mobile version