Personal injury law involves a Civil Court and an individual or persons going to civil court to get a remedy (settlement) or damages stemming from an accident or incident. The remedy is ultimately for the person who has been injured to be compensated for someone else negligence, carelessness or intentional conduct towards the injured party. Here is some important information about motorcycle injury.
Does a motorcycle injury fall in the personal law injury category, therefore?
Yes, a motorcycle injury can fall under a personal injury suit in particular circumstances. One of the circumstances is if the motorcycle was defective from the time of purchase. If an individual purchases a motorcycle from a particular company and takes it out on a ride and while on the journey the motorcycle malfunctions thereby causing harm to the rider, then the motorcyclist has the right to take the manufacturers of the motorcycle to court and sue for damages. However, this can only apply if the injured party has not made any alterations to the said motorcycle. There should also be beyond a reasonable doubt that it was due to the motorcycle that the accident occurred and therefore the injury transpired and not due to the rider’s actions which may include riding under influence, speeding or riding recklessly.
Another circumstance involves the mechanics of motorcyclist professionalism. If a rider takes his motorcycle to the garage for service or repairs, then they are putting their trust in the mechanic. Who is expected to be professional and ensure that their machine is in tip-top condition. If an injury occurs after the motorcycle has been retrieved from the garage, and there is proof that the mechanic caused the injury due to his or her negligence, then the injured party will sue the mechanic for negligence.
A malicious individual, for example, a jilted lover or a disgruntled employee may also decide to mess around with an individual’s motorcycle perhaps to scare them. If an injury occurs from tampering with the motorcycle then the individual who sabotaged the motorcycle is likely to be held liable for the injury. He will thereafter be taken to the civil court to pay for damages caused to the injured party.
The leading cause of motorcycle injuries, however, is accidents on the road. Motorcycle riders are at high risk every day they ride their motorcycle from their homes. They are completely exposed and even the smallest mistake can lead to a fatality. Many times, when an accident involving a motorcycle and another vehicle or another motorcycle occur, then depending on how bad the accident was, one can choose to settle with the other party if the accident was not bad. They can seek police assistance, leave the insurance to deal with payments to the parties or seek the legal route. An injured party is likely to seek legal assistance if after the accident there are hospital bills to be sorted, surgeries that must be performed due to injuries occurring from the accident, property damages or because they cannot resume their everyday schedules due to injuries from the accident.
They will get a legal team that will investigate the accident to ascertain that the accident did not occur due to the rider’s error but was caused by the defendant. The legal firm, after ascertaining that the accident was not of their clients doing, will work on getting compensation for their client which may involve payment of hospital bills along with medicines and procedures involved while the client is at the hospital. They may also get a settlement for the amount of time you will not be able to earn a living due to the injuries caused by the accident and if the injured party dies from injuries due to the accident, then his or her family is entitled to compensation for wrongful death. The injured party is also entitled to be compensated for their pain and suffering because of the accident. This may include payments for physiotherapy as well as visits to a therapist for counseling. An individual who has suffered from injuries due to a motorcycle accident is and wants to go the legal route should pick a team that has experience in personal injury law and specifically motorcycle injury matters.
Stambaugh Law-with it’s leading attorney an advocate of motorcycle safety and defender of clients with motorcycle injuries and a rider of Motorcycles himself-promises, a team with 29 years of practice experience, retired police for investigation purposes, interviewing if witnesses on scene and investigating of the accident and injuries to their clients. They promise personal attention and delivery of service to each individual. Free Consultation.