Know What To Do After An Motorcycle Accident
1. What should I do if I have been injured in a motorcycle accident?
You should immediately contact the police so that an investigation can be done. You should also obtain the name and addresses and insurance carriers of any vehicle owners involved in the accident.
2. Is there a time limit in which I need to file a lawsuit in this type of case?
In most personal injury cases, a lawsuit must be brought within two years of the date of the accident. An attorney will let you know the specific time limit in your home state.
3. What should I do if I have been injured?
Even if your injury seems minor, be sure to report it to the police officer at the scene. A minor injury may become more significant later on. With most all injuries, you should seek prompt medical treatment and follow your doctor’s advice.
4. Do I need an attorney?
If you, and your physicians, are not certain of the extent of your injuries and how they may impact your future, you should consult with an attorney. An experienced attorney will be able to evaluate your case and advise you of your legal rights. A delay in consulting with an attorney may negatively impact your case, so be sure to contact an attorney immediately following the accident.
5. Who can be held responsible for the injury or death of a motorcycle operator?
Any person who causes a motorcycle accident due to their wrongful or negligent conduct may be considered at fault and held responsible for the injury or death. Potential defendants may include other vehicle drivers, product manufacturers, owners of dangerous private or public property, repair shops, and any other person that contributed to the accident.
6. What if I was partially at fault for the accident?
A person can still sue, even if partially at fault, as long as they can prove that at least one other person also contributed to the accident. In a case such as this, however, your recovery may be reduced.
7. Is the investigation of the accident important?
It is critical. There is almost always a presumption that motorcyclists are responsible for accidents, so a thorough investigation must be performed to establish the fault of another. An investigation will include the examination of the scene and vehicles involved, and obtaining of statements from witnesses. Be sure that you do not move your motorcycle or helmet after the accident. It will be a major part of the investigation.
8. Is it possible that my case will settle out of court?
Yes. About 90 percent of motorcycle accident cases settle; however, they are generally more difficult to settle out of court than any motor vehicle cases, because insurance companies are more willing to try them in hopes that the public’s bias against motorcyclists will help them win the case or at least hold down the monetary awards.