What to Know Before Filing a Motorcycle Accident Case

Motorcycles are popular among thrill-seekers, but while the ride gives you an adrenaline rush, it also puts you in danger: the chances of a motorcycle accident are 22 times higher than that of a car accident. 

Your entire body is exposed when riding a bike, making accidents much more severe than car accidents. You must adhere to the safety precautions like wearing a helmet and abiding by traffic laws. However, if you do get involved in a motorcycle traffic accident, you can file a damages claim against the perpetrator. Here’s what you need to know before filing your claim:

Hire an Attorney

Consider hiring a motorcycle accident lawyer as soon as possible. You can do that even from the accident site. While you may be disoriented, the best time to collect evidence is immediately after the accident. If you are conscious and out of harm’s way, contact a lawyer directly so they can guide you on what evidence you must document. Your lawyer can also advise you on conducting yourself when the police take your testimony. 

Filing charges and determining a fair monetary value for damages can be confusing, and an attorney can help you. If you cannot call a lawyer immediately, do it as soon as possible so they can make you a solid case. 

Determine Liability

You and your attorney must determine the accused individual’s liability before you file a motorcycle accident claim. Make sure that you did not cause the accident or that your fault was less than 50%.Most accidents happen due to a driver’s negligence, like exceeding the speed limit, using their phone, or being distracted. Negligence laws allow the victim to bring the perpetrator to court. 

Sometimes in traffic accidents, both parties can be at fault at times, and the other driver can counter-sue you. Here, the legal route depends upon the laws of the individual states. Some states do not allow you to seek compensation if you were also at fault for the accident, but most states will enable you to seek compensation as long as you weren’t the primary cause of the accident. Some states allow both parties to sue for damages, but the amount will be proportional to each party’s contribution to the accident. 

Assess Your Damage

Understand and document the damage the accident has caused you. In case of a motorcycle accident, you can seek compensation for economic, emotional, and physical injuries; for example, economic damage can include damage to your vehicle or an expensive suit. 

You also need to seek compensation for your physical injuries and the total cost of your medical bill, including the cost of emergency services, your initial medical exam, your diagnostic tests like X-Rays, your hospital room, your doctor’s fee, and your prescription medicine. An experienced attorney will also seek compensation for the lost opportunity, like the wages you couldn’t earn due to being bedridden. And you can also seek compensation for your pain and emotional distress. 

Understand the Statute of Limitations

If you delay filing a claim, you may be unable to proceed due to the statute of limitations – you cannot seek compensation for your losses after a certain period of time has elapsed. This time limit varies from state to state but is generally five years in case of a fatality and two to three years otherwise. You also benefit from filing your claim immediately, as you may start to forget parts of the incident as time passes. Likewise, any key witnesses might relocate, which can damage your case. 

Deal With the Insurance Companies

Your claim may not reach the court or take time to resolve. Instead, try dealing with the accused individual’s insurance company before you go to court. Insurance companies will assess the damage at the lowest price and try to negotiate for an unfair and inadequate settlement. Consult a motorcycle accident attorney before dealing with them. They can ensure you get fair compensation by valuing your damage claims at a fair price.

In case the individual at fault is uninsured, you can get compensated by your insurance company. You get uninsured motorist or underinsured motorist (UM/UIM) coverage when you buy your insurance unless you opt-out. This binds your insurance company to compensate you if you get into a road accident.

Endnote

Motorcycle accidents cause pain, emotional distress, and physical harm. You must hire an attorney if you get into a motorcycle accident and want to file a damages claim. Before proceeding with the lawsuit, determine which individual was liable for the incident and assess the damage you seek compensation for. Ensure your claim is not barred by your state’s statute of limitations, and try to seek a fair settlement with the accused individual’s insurance company. Hiring an attorney will help you get fair compensation.