Motorcycle accidents can be life changing events. The physical injuries can be severe, and medical bills and lost wages can be financially devastating. You may be able to sue if another driver caused your accident. But motorcycle accident lawsuits are complicated and intimidating. This post covers what you can expect in the event you file a motorcycle accident lawsuit.
Steps to Take After a Motorcycle Accident
Seek Medical Attention: Top priorities are your health and wellbeing. Even in case you do not feel any pain immediately, go see a physician or ER. Quick medical attention creates a record of your injuries for your insurance claim or legal action.
Gather Evidence: Document everything you can about the accident. Photograph the scene, your motorcycle, apparent injuries and any damage done to the other vehicle(s) involved. Names and contact information for witnesses if possible.
Report the Accident: File an official police report regardless of the severity of the accident. The police report will contain information about the accident scene, parties involved and witness statements.
Contact Your Insurance Company: Inform your insurance company of the accident immediately. Cooperate with them but be careful what information you give them. Do not admit fault or talk about the accident beyond the basics.
Consulting a Motorcycle Accident Attorney
A motorcycle accident attorney handles such cases. They know the legal complexities motorcyclists face and can help you navigate the maze of paperwork involved. A few benefits of consulting an attorney include:
Case Evaluation: An attorney can determine whether your case is strong enough and recommend what action to take.
Investigation: They will do an investigation into the accident and gather evidence for your claim. It could be asking witnesses questions, getting police reports and talking to accident reconstruction experts.
Negotiation: An experienced attorney will negotiate with the insurance company of the at-fault party for a fair settlement on your behalf.
Legal Representation: Should negotiation fail, your lawyer will fight for what you deserve in court.
The Legal Process of a Motorcycle Accident Lawsuit
Pre-Lawsuit Stage
Consultation: Discuss your case with an attorney and decide whether to sue.
Demand Letter: Then your attorney will send a demand letter to the at-fault party’s insurance company describing the accident, your injuries and the compensation you want.
Lawsuit Filing and Discovery
Complaint: If negotiations fail, your attorney will sue the at-fault party in civil court.
Discovery: During this phase both sides exchange information based on fact finding. This may include exchanging documents, taking written questions (interrogatories) and making sworn statements (depositions) of witnesses and parties concerned.
Negotiation and Settlement
Settlement discussions may continue throughout the discovery phase. Most motorcycle accident lawsuits settle before trial.
Trial
If unable to settle, the case goes to trial. Your attorney will produce evidence that the other driver was negligent in causing your accident and your damages. A jury will decide liability and compensation.
Conclusion
Motorcycle accident lawsuits are complex, but with the help of an attorney you can fight for the compensation you deserve.
