When Should You Sue over Motorcycle Accident Injuries?
If you drive a motorcycle, then you are probably aware that motorcycle accident injuries are commonplace. You can minimize the risk of injuries by taking as many safety precautions as possible, but accidents are sometimes unavoidable.
If you were not at fault for the motorcycle accident and incurred expenses as a result of your injuries, then you may have an opportunity to file a lawsuit against the other driver or the other drivers insurance carrier to collect monetary damages.
Personal Injury Lawsuits
When you file suit to seek motorcycle accident injury compensation, this is called a personal injury lawsuit.
Studies have shown that about 75 percent of motorcycle accidents involve another vehicle while only 25 percent involve collisions with another object. The vast majority of these accidents are not due to vehicle malfunction, but rather are due to negligence on the part of one of the drivers.
Under the law, all drivers have a duty of care. In short, this means that they must drive at an appropriate speed, maintain control of their vehicles, and practice defensive driving, meaning they must reasonably anticipate any situation that could cause an accident. If the other driver violated this duty of care and caused the accident and your injuries, then you may have good grounds to file a lawsuit.
Severity of Motorcycle Accident Injuries
Another consideration to take into account is the severity of the injuries you sustained as a result of the motorcycle accident. If your injuries are minor and your insurance sufficiently covers your medical costs, you may not need to file a lawsuit..
If, however, you have sustained major injuries, you may wish to file suit. This is especially true if it is clear that the other drivers sheer negligence caused the accident and your injuries and if your injuries forced you to take off time from work and sacrifice pay.
Finding a Personal Injury Attorney
You should only pursue a lawsuit once you have found a personal injury attorney you are comfortable working with.
Specifically, you will want to find a lawyer who has experience working on cases similar to yours. Not all personal injury lawyers are accustomed to working with clients who have sustained motorcycle accident injuries. If the driver died in the accident and his or her family wishes to file suit, then the family should look for a motorcycle accident attorney who has experience handling cases involving motorcycle accident fatalities.
The attorney will then review your case and let you know if it is reasonable to move forward and pursue a lawsuit. You will likely need to provide your attorney with some information about the accident and your injuries, including the police report, photos of the scene of the accident and your injuries, medical bills and records, and witness information.
The attorney will then seek a settlement from the opposing party. If no settlement agreement is reached, your case may have to go to trial, which can take months, if not a year or more, to complete. You should only pursue a lawsuit if you're willing and able to invest the time and energy working with your lawyer to prepare for trial.