Who Is Responsible for Paying for Motorcycle Accident Personal Injuries?
Motorcycles are known for their high speeds, which is also why the vehicles have a reputation for being prone to accidents. If you ride a motorcycle, it is important that you practice vehicle safety, such as wearing a helmet and protective eyewear, in order to minimize the possibility of sustaining a motorcycle accident personal injury.
But no matter how careful you may be, motorcycle accidents happen. Sometimes they may be due to your own negligence, sometimes they may be the fault of another driver, and sometimes both parties may share some of the fault.
If you do sustain injuries in a motorcycle accident, who pays the medical costs for those injuries will depend on the specifics of your accident.
Duty of Care in Motorcycle Accident Personal Injury Cases
When it comes to driving, all operators of motor vehicles have a duty of care that they must exercise. This duty of care generally calls for the driver to operate the vehicle at a reasonable speed, maintain control of the vehicle, and anticipate situations where accidents are likely.
For example, if the driver of a car is approaching a red stoplight and a motorcycle is ahead of him or her, that driver has a duty of care to stop behind the motorcycle. However, should the driver not stop, causing rear-end motorcycle accident injuries, then the driver has probably violated the duty of care.
If a driver violates the duty of care, then he or she will be much more likely to be found at fault, or at least at partial fault, for the accident. This is assuming that the accident is what caused the motorcyclists injuries and that there were no other intervening factors that may have contributed. If the driver is found at fault, then either the driver or the driver's insurance company will be responsible for paying the bill for the motorcyclists injuries.
Filing a Personal Injury Suit
If you are fairly certain that your motorcycle accident was the fault of the other driver, then you might not have to pay for your medical costs. On the other hand, if the accident was due to your own negligence, you might not have much of a case.
In the event that the other driver is at fault, you will want to contact a lawyer for motorcycle accident personal injuries. You will also want to make sure the attorney has specific experience with motorcycle accidents and not just auto accidents in general.
Your attorney will then want to see any evidence you may have to support your claim that the accident was the other drivers fault. This will include the police report, any pictures you have of the scene of the accident, and photos of your injuries. You should also supply copies of your medical records and medical bills, as well as any other expenses you incurred as a result of your accident.
If the other driver has insurance, then your lawyer will probably submit a demand letter to the insurer. This letter will notify the insurer that you intend to sue unless the company is willing to settle for a specified amount. If the company refuses, then your attorney will file a formal motorcycle accident personal injury suit with the court.
If the other driver does not have insurance, then you may have to sue the driver to pay for your medical expenses, lost wages, and other accident-related expenses.