You love the freedom you experience while zipping around on your motorcycle. Your vehicle has greater maneuverability than a car ever could have, and you can fit in spaces where other vehicles can’t. You also have the added bonus of feeling the wind rush past and having an unobstructed view of your surroundings.
However, your exhilarating (but safe) motorcycle rides come with more safety risks than a commute in the typical car. Granted, you may have the ability to spot and respond to hazards more quickly with your vehicle. But what if you cannot respond quickly enough and another person’s reckless or negligent driving pulls you into an accident? You do not have a chassis and airbags to protect you.
Whether you walk away with minimal injuries or go to the hospital with severe ones, you deserve restitution for what happened. You drive responsibly and wear protective clothing as recommended, and your actions didn’t cause the problem. Read below to learn how to win compensation for your injuries.
Gather Proof That You Did Not Cause the Problem-The Other Driver Did
Before you move on to proving that the other driver caused the accident, you have to prove that you didn’t contribute to it. You could have partial liability for the accident if any of the following occurred:
- You drove between lanes in a state or municipality where the law prohibits doing so. Some areas allow driving between the lanes, or lane splitting. Other areas do not permit this behavior because roads have smaller lanes, no shoulders, or drivers unaccustomed to driving alongside motorcyclists. Other governments have just deemed his behavior unsafe.
- You darted out of an area where a car driver couldn’t see you, such as behind a wall or hedge. Maybe you darted out of a line of cars or buildings that hid you from other drivers.
- You did not wear safety equipment or take other precautions as outlined by law. For example, in some states all motorcycle riders must wear a helmet. However, even if you don’t have a helmet, other drivers do not have the right to hit you.
- You drove in a reckless and unsafe manner. Maybe you weaved between cars or drove at excessive speeds. If you did something unsafe, you may have partial liability for the accident.
If you can prove that you didn’t do anything in the above list, you can move on to proving the other driver’s responsibility. You must establish that the following conditions exist:
- The other motorist failed to exercise proper care when driving. This means that he or she didn’t look for you when driving through an intersection, making a left turn, changing lanes, accelerating, or decelerating. He or she may have also deliberately injured you, which you will also have to prove.
- You suffered verifiable injuries and property damages. Even if the other person behaved recklessly, you cannot sue him or her unless you suffered damages.
- The driver’s negligent or dangerous actions caused your injuries and property damage.
To prove everything in both of these lists, you will need evidence, which includes:
- Photos of your injuries and the scene, including the damage to both vehicles
- Your statement about the accident, as well as statements from responding authorities and any witnesses
- Medical records and notes from your doctor regarding the incident
- Appraisals from insurance providers concerning your motorcycle
If you suffered serious injuries during the accident and couldn’t collect this information yourself, have a look at the police report. It will have a lot of this information for you. However, if possible, try and collect your own evidence because you may catch a detail that law enforcement doesn’t.
Get Assistance From an Experienced Lawyer
Even if you only have minimal injuries, you may have a lot of paperwork and emotional aftermath to deal with. Don’t add more to your already overfull plate and try to tackle the lawsuit by yourself. You probably don’t have the training or experience to spot nuances and complexities in the laws that concern your accident. So you must turn to a lawyer who does have that knowledge.
While the lawyer builds a case on your behalf, you can focus on your recovery. You can rest while someone else goes to bat for you and makes sure the court, the defendant’s attorney, and the defendant don’t take advantage of you.
Decide How Much Compensation You Should Win
If you suffer injuries and property damage during a motorcycle accident, you can sue the person responsible for all your repair fees and medical expenses. Medical expenses could include doctor’s visits, costs for procedures, medications, therapy, and lifelong care for permanent disabilities. You can also sue for wages lost during your recovery, as well as lost earning capacity in the future.
Your lawyer can tell you more about the compensation you can win in your specific circumstances. So if you have been in an accident, don’t wait to call your lawyer today to begin the path to healing and closure.