Motorcycle injury is the most common road accident suffered in the world. Some people have either died or are nursing severe injuries from those crashes. You might think that the injuries are just bruises, cuts, and scrapes, but that’s not the case.
It’s advisable to protect yourself often and wear protective gear like jackets, helmets, and pants designed with durable materials such as leather, together with gloves and heavy boots.
When it comes to filing a claim, it gets a bit challenging for the injured riders to recover compensation after a crash, especially if they are doing so without the help of a personal injury lawyer.
What is Motorcycle Injury?
One suffers a common injury, such as disfigurement and facial fractures, road rash, burns, and broken bones from a motorcycle accident. The injuries range from minor cuts to disabling injuries like the spinal cord, limb amputations, Traumatic Brain Injuries (T b BI), and paralysis. Though, the most common accident in a motorcycle crash is road rash.
If you hire an attorney to file and build the claim on your behalf, the firm will assist you to;
- Collect information and the police reports
- Photograph the accident scene
- Gather a few witness statements
- Investigate other motorist’s driving history
- Reconstruct your accident scene
- Review the medical records
- Recreate the motorcycle accident
- Consult the experts
- Contact an insurance company on your behalf
- Legal Aspects of motorcycle Injury
Filing a claim for a motorcycle accident injury will only lead to a few possible outcomes. The case might go on trial or be settled in arbitration or via a settlement. So, hiring a professional lawyer or attorney is the only way out against the insurance companies that try to settle the case for less than you should deserve.
In most accidents, it’s the vehicle driver that is negligent. The negligence can be when the other driver does something prohibited like speeding via a red light or failing to follow a rule that they should have adhered to, for instance, checking the mirrors before making any turn.
In other cases, the motorcycle driver can be wrong; maybe he swerved in front of the other vehicle and caused a crash, thus being liable for the other person’s injuries.
At Stambaugh law firm, a motorcycle accident attorney is in a position to help you win a personal injury case and recover your compensation for:
- Medical bills
- Physical and rehabilitation therapy
- Lost wages
- Suffering and pain
Proving Negligence After a Motorcycle Accident
Though accidents are never intentional, they result from the negligent actions of a defendant. Several elements lead to a negligence claim. The plaintiff should show that:
- The law needs the defendant to be extra careful. In motorcycle and car accident cases, it’s given that motorists should practice care when driving or riding.
- The defendant was not reasonably careful; to determine if the defendant was careful, the law will compare the driver’s conduct with that of a reasonable individual.
- The defendant’s actions led to the plaintiff’s injuries.
- The plaintiff suffered losses or got injured. If a motorcyclist was not hurt or there are no damages to prove, they can’t receive anything even though the defendant was in the wrong.
Injured individuals are often entitled to compensation after an accident that led to injuries or losses. However, the award will only depend on the injuries sustained, the person at fault, insurance issues, and many more factors. In case of the death of a victim, the family members alive are entitled to compensation for the loss.
Keep in mind that obtaining compensation is not as easy as you might imagine; insurance companies will always reduce the amount of money they should pay. Also, it gets hard to collect evidence at the accident scene. Still, a well-versed motorcycle attorney in these personal injury laws will seek damages and manage to collect relevant evidence. The lawyer will then offer aggressive legal defense during your case proceedings.
While every case tends to be different and the level of damages varies, attorneys are always committed to assisting the cyclists to recover their compensation for the injuries and losses, including property damage and medical bills.
If you contact Stambaugh Law, an established law firm with over 29 years of experience, immediately an accident occurs, an attorney will start to collect evidence and information to support the claim for your compensation.