A number of different factors can contribute to a motorcycle accident. Poor road conditions, defective motorcycle parts, or reckless and negligent behavior. The most common and preventive causes of motorcycle accidents are negligent and reckless behavior either by the motorcyclist, automobile driver, or both. As a motorcyclist you have certain responsibilities while on the road. To ensure your safety and the safety of others you must abide by all traffic laws and refrain from engaging in reckless behavior. If you have been involved in a motorcycle accident and have decided to file a lawsuit you may have questions. Listed below are the most commonly asked questions concerning motorcycle accidents.
1. If my accident was a result of the driver turing left without signaling, can I file a lawsuit?
In most cases a driver turning left without signaling or yielding can be liable for the accident. However, there are certain circumstances that can shift liability away from the driver. If you were speeding, ran a red light, or were driving in a negligent manner you may be forced to accept responsibility.
2. What is comparative negligence?
When determining liability comparative negligence is often applied. Comparative negligence is a way to fairly divide responsibility amongst the parties involved. Based on the degree of recklessness liability is carefully distributed. For example, if a motorcyclist was involved in an accident at the hands of negligent driver, but had a broken headlight they may also assume some responsibility. This would be the case if the accident occurred at night and the motorcyclist was difficult to spot.
3. If I am involved in a motorcycle accident should I hire an attorney?
Yes, if you have been involved in a motorcycle accident you should hire an attorney to determine if you have a legal case. Enlisting the help of an experienced attorney is always advised. Without hiring a lawyer you may not be aware of how much compensation you can receive for the damages and injuries you suffered.
4. What actions should I take after my accident?
After your accident be sure to document everything. Take pictures of the damages to your bike and your injuries. Make copies of your medical bills and other related expenses. Hire an attorney with experience in this practice area. Also after your accident, do not admit fault. You should have as little direct communication with the other party involved as possible. Leave all correspondences to insurance companies and attorneys. You do not want to mistakenly or prematurely accept responsibility for the accident.
5. What type of damages can be covered if I file a lawsuit?
Generally speaking, the compensation you receive may cover present and future medical bills. It can also cover loss of wages and present as well as future pain and suffering.
If you have been involved in a motorcycle accident and are seeking legal counsel, contact us at Colley and Colley.