If you or someone close to you was harmed severely or fatally in a crash involving a motorcycle, there is the chance to file a Motorcycle Accident Lawsuit against the driver who caused the accident. In certain cases, other parties could be held to either the full or part of the blame for the incident. If you can show that negligence by one or more of these parties caused the accident, the responsible person can be sued in a case involving a motorbike accident.
In the report of the Insurance Information Institute (III), more than 5300 motorcycles were involved in fatal accidents. Additionally, almost 90,000 victims were injured from motorcycle accidents in 2017. These accidents resulted in billions of dollars in healthcare expenses, lost wages, medical expenses, as well as other economic damages, and a large portion of these were borne by the victims.
If you’ve been injured or someone you care about died in a crash on a motorcycle, an attorney will help you seek the financial compensation you deserve for your losses by applying for a Motorcycle Accident Lawsuit.
Insurance Claims Usually Cover Damages
In most cases, a motorist’s auto insurance policy will cover the damages that result from motorcycle accidents. Most states employ the tort or fault system in which the driver who caused the incident is responsible for the victim’s losses. Although some states require the driver who is responsible for the primary responsibility of the crash to pay all losses, some states use the shared fault system in which the victim could be granted a lesser amount of compensation when they are partially responsible for the collision.
In states that require motorists to have no-fault insurance, each driver has to pay the damages they incur by utilizing their policies of insurance that typically contain, at the very least, the protection of personal injuries (PIP) along with Property Damage Liability (PDL). Suppose drivers with no-fault insurance don’t have to worry about the consequences of accidents caused by drivers without insurance. In that case, No-fault states typically restrict the power of the victim to pursue a lawsuit in the event of a motorbike accident.
Other Parties Liable in Motorcycle Accident Cases
In certain instances, motorbike accidents place the burden for their causes on an individual different from the driver. Should you and your attorney find that another party has responsibility for the incident and is liable for damages, you could seek compensation from them for the injuries you sustained.
Employer or company
The Insurance Institute for Highway Safety (IIHS) states that more than 4,000 people were killed in large truck accidents in 2018 and that 15% of victims were pedestrians, bicyclists, and motorcyclists. When accidents involve large trucks as well as other commercial motor vehicles (CMV), the CMV driver is the cause of the collision, and the company that they work for is often held responsible for the victim’s injuries. In these cases, you are able to claim the company of the driver.
Manufacturer of Vehicles
Manufacturers are required to make sure that their products are prior to releasing them into the market for purchase. In accordance with the National Highway Traffic Safety Administration (NHTSA), the law requires automakers to notify consumers of recalls when they learn of an incident in which automobiles do not conform to federal safety standards or exhibit an unsafe defect that may cause damage to the company.
Sometimes, companies only make recalls once they get regular reports of accidents that involve specific vehicles. If the manufacturer is responsible for your motorbike accident, you can receive reimbursement from them to cover your injuries.
Government Agency
If the local or state agency responsible for the maintenance of the roadway on which your accident occurred was not able to ensure safety and safety, they could be held accountable for your injuries. Evidence of the failure to maintain roads could include:
- Crumbling roads
- Guardrails that are damaged or missing
- Signs that aren’t legible or missing
- Potholes of a large size
- Uneven lanes
- Road markings that are worn
A lawsuit against any government agency on your own could pose an obstacle since there is a limitation to the Federal Tort Claims Act (FTCA), which does not allow plaintiffs to file legal actions against government agencies in certain conditions. An attorney can help determine whether you are able to bring a suit for the damages caused by your motorbike accident.
How a Lawyer Can Help You Establish Liability
To bring a claim against someone involved in a motorcycle accident case, you must first prove that the person responsible is accountable for the incident because of their negligence. To prove negligence, you must show that the defendant’s actions satisfy certain criteria. You might find it beneficial to consult an attorney to assist you in demonstrating each of the elements such as:
- Care and duty: The other party was under the obligation to take reasonable care to safeguard your security.
- Breach of obligation: The other party has breached the duty of care and placed you in danger.
- Cause In the event of their failure to meet their obligation of care, they were harmed. An injury.
- Damages: Your injuries caused you to pay substantial financial losses.
A lawyer for motorbike accidents will inform you of the elements that have to be fulfilled if you would like to submit a claim or lawsuit against a responsible person. In order for all these requirements to be satisfied, you have to give your attorney the evidence you have gathered. In addition, they’ll likely investigate themselves to verify that you have an actual suit or claim.
The Justice Now, Can Help You
Accidents involving motorcycles can lead to permanent financial and personal problems; when you try to file a motorcycle accident lawsuit or figure out who is responsible for your situation and how to get financial compensation, it may seem overwhelming during this difficult period. Our experts can assist by handling your case on your behalf and reviewing the details of the accident to determine who is responsible and seek fair compensation for you.
We provide free consultations on your case, and you only pay us legal costs for our services once we obtain financial compensation for you. If you’ve suffered injuries or suffered a loss of life as a result of a motorbike accident, call The Justice Now, by calling +1 (817) 672 0196 to discuss your case with our legal team.
