The Importance of a Motorcycle Accident Personal Injury Trial Lawyer

Not every lawyer will be able to handle your motorcycle accident personal injury claim properly, in order to position your claim to give you the best possible chance of maximum monetary damage recovery. The following are the qualities that you should look for in a lawyer, and subsequently why you should hire them if you’ve been involved in a serious motorcycle accident and sustained injuries or a family member has died as a result of the accident.

The majority of all motorcycle accident cases will result in a settlement, however, it’s fair to state that all cases that go through preparation by an experienced trial attorney will be done as if they’ll be going to trial. Having an experienced motorcycle accident personal injury lawyer will send the message to the other party’s insurance company that they’re not going to get away with a low ball offer easily. If you’re hiring a lawyer that settles every case they get, what type of a message will that send to an insurance company? What types of risk will the insurance company feel they have by giving you lowball offers if your lawyer is settling absolutely everything? Absolutely, none! If you’re not hiring the right lawyer you might as well just be representing yourself.

The following information not only relates to the hiring of a motorcycle lawyer that rides, but also the hiring of a lawyer that rides and is an experienced motorcycle accident personal injury trial lawyer. There are many reasons why an experienced trial lawyer that’s not part of the motorcycle community and never ridden is a bad choice for you as your lawyer.

Beware of the lawyers promoting themselves as motorcycle accident lawyers but have never been on a motorcycle a day in their life. Your best chance at an adequate settlement will be hiring an experienced motorcycle accident personal injury lawyer that does ride motorcycles. The following information is why this isn’t only your best choice, but really your only true choice.

Understanding
More likely than not a motorcycle lawyer is going to understand and relate to you much better than a non-rider and you will be able to relate better to them. A motorcycle accident lawyer that’s part of the community and supportive of motorcycle groups have essentially prequalified themselves to be a person that has the same mutual interests that you do.

The Biker Bond
In all walks of life there is an inherent bond with bikers. One of the most alluring features of riding motorcycles is the freedom of riding with the wind in your hair; it’s an experience that’s truly amazing. Today’s bikers support each other and come from all walks of life. You’re going to want someone that’s going to treat you like family, as one of their own.

Motorcycle Knowhow
Lawyers that ride motorcycles are going to know how motorcycles work, and how the riding of a motorcycle works. When trying to explain the turns as a function of leaning and counter steering, do you really want to do that while looking into the disbelieving and blank eyes of your lawyer? Do you believe that you should even have to explain what happens when you’re in the middle of a turn and have to slam on your breaks?

No Judgments
A motorcycle lawyer that rides themselves isn’t ever going to look down on you because of the fact that you ride or don’t look as they do.

Myth Busters
There are a lot of myths that are held about motorcycles by the public. The public thinks that all motorcyclists are nothing more than are:

  • Risk Takers
  • Antisocial
  • Do What They Want
  • Aggressive

There are a lot of people that think just because you’re a motorcycle rider you deserve what you get if you get hurt and don’t deserve any level of compensation. You’ll want to have someone on your side that’s looked a jury in the eyes and frankly discussed all of these myths openly and honestly. You most definitely don’t want a lawyer that holds these myths themselves.

Legal Knowhow
A motorcycle accident personal injury lawyer is going to know the ins and outs of all instances of motorcycle accidents and laws. They won’t allow for a big insurance company to slip in evidence that has no relevance to the trial/your case.

Knowledgeable Guidance
Motorcycle lawyers will be able to guide you through all of the steps that’ll put your case in the best possible light to get the best possible outcome. They’ll be able to give you the peace of mind that you’ve got someone on your side that has the ammunition that’ll keep you from ever getting taken advantage of, which will in turn give you the best possible outcome for your case.

Full and Complete Investigation
Motorcycle accident personal injury lawyers will fully investigate your case, hire experts (when necessary), preserve all of the evidence, and interface on your behalf with the insurance company and your doctors. Ultimately they’ll put forth a well-documented demand for settlement, and when settlement negotiations fall through, file a lawsuit on your behalf.

Proper Valuations
Your motorcycle accident lawyer will truthfully advise you on your cases value, alternative dispute methods, and negotiation techniques and then (if necessary) file a lawsuit on your behalf. A lawsuit will be necessary in the instances where the insurance company just doesn’t see it your way and offer anything close to fair, the lawsuit will be filed and your case will be presented in front of a jury.

Who’s Responsible for Paying for a Motorcycle Personal Injuries

Motorcycles have a reputation for being prone to accidents, mainly due to the fact that they’re known for their high speeds. If you’re a motorcycle rider/enthusiast, it’s essential that you’re following proper vehicle safety, including:

  • Wearing Protective Eyewear
  • Wearing a Helmet
  • Practicing Basic Motorcycle Safety

Following the basic safety procedures will help ensure that you’re minimalizing the possibilities of ever being involved in a motorcycle accident and sustaining injuries. Regardless of how careful you are motorcycle accidents can and will happen. They can happen with various forms of liability, such as:

  • Your Own Personal Negligence
  • The Fault of another Driver
  • Both Parties Can Share Levels of Fault

If you’ve sustained injuries as a result of a motorcycle accident, who pays for your damages, medical bills, future medical costs, and so on, will depend on your accident specifics.

Duty of Care in Motorcycle Accident Personal Injury Cases
All motor vehicle operators have a duty of care that must be exercised when they’re driving. Duty of care generally calls for drivers to be:

  • Operating Their Vehicle at Reasonable Speeds
  • Anticipating Situations Where It’s likely an Accident Could Occur
  • Maintaining Control of Their Vehicle

As an example, if a motorcycle is ahead of a vehicle that’s approaching a red light, the driver of that vehicle will have a standard duty of care to ensure that they’re stopping behind the motorcycle. If the driver doesn’t stop and causes a rear end collision with the motorcycle, the driver has most likely violated their duty of care when causing the motorcycle accident injury.

Should a driver violate their standard duty of care, they’ll more than likely be found at fault for the accident, or partial fault at the very least. The fault assumes that the accident is the proximate cause of the motorcyclist’s injuries and no other intervening factors were in play as contributory factors. If the driver is found to be at fault, either the driver’s insurance company or the driver holds the responsibility for paying for the damage and injuries.

Filing a Personal Injury Suit
If you’re at least fairly confident that the motorcycle accident was the other drivers fault, then it’s unlikely you’ll be responsible for the payment of your medical bills. Conversely, if you were at fault for the accident as a result of your own negligence, it’s likely that you’ll not have much of a case.

If the other driver is the one at fault for the accident, you’ll want to contact an experienced motorcycle accident lawyer in order to receive adequate compensation for your personal injuries. You’ll also want to ensure that your lawyer has experience that’s specific with motorcycle accidents and not just with auto accidents generally. At the Doan Law Firm we’re not only motorcycle accident lawyers, but we’re motorcycle riders and enthusiasts as well.

After you’ve retained your lawyer you’ll want to provide them with all of the evidence that you have that supports your claim if the motorcycle accident was the fault of the other driver. Your evidence will include:

  • Injury Photos
  • The Police Report
  • Scene Photos
  • Accident Photos
  • Medical Bills
  • Medical Records
  • Other Expenses

If the other driver is insured, your lawyer will then contact their insurance company and most likely submit a demand letter. A demand letter serves to notify their insurance company (the insurer) of the intentions to sue unless they’re willing to settle for an indicated amount. If the insurance company refuses the settlement request, your lawyer will then file a formal suit with the court for motorcycle accident personal injury.

If the other driver is not insured, you’ll more than likely need to sue the driver in order to pay for all your medical bills, lost wages and all other expenses related to the accident.

When to Hire a Lawyer

An experienced motorcycle accident lawyer will let you know that accidents that involve multiple vehicles including the motorcycle aren’t usually the fault of the motorcyclist. If you’ve been involved in a motorcycle accident and the other driver is at fault for the accident, you’ll more than likely be entitled to compensation from either the individuals insurance company or the individual themselves.

If you’ve sustained severe injuries or your injuries will affect your ability to work and earn a living, you may be entitled for a larger settlement amount. The majority of insurance companies aren’t going to hand over any significant settlement amount without a fight first. If you’re uncertain as to whether or not the offer you’ve received is a fair one or if the driver at fault isn’t insured, you’ll want to seek a qualified motorcycle accident personal injury lawyer. You’ll want to ensure that they’re qualified specifically with motorcycle accident personal injury, not just a general accident or personal injury lawyer. This will help to ensure the settlement you get is fair.

If your motorcycle wasn’t damaged or you weren’t injured you’ll more than likely not have to hire a lawyer. You also won’t need a motorcycle accident lawyer if the amount of the insurance payout covered the entire cost of your:

  • Bike Repairs
  • Lost Wages
  • Medical Bills
  • Other Expenses Related To the Accident

If there are any doubts when it comes to your injuries and the true cost for compensation, or if you don’t know whether or not you’ve received a good settlement offer from the insurance company, you need to speak with an experienced motorcycle accident lawyer right away. An experienced motorcycle accident lawyer will be able to help with the assessment of the offer from the insurance company (if applicable) and calculate the total actual cost of your injuries. Other than your contact information, don’t provide any other information to the insurance company prior to contacting an experienced motorcycle accident lawyer.

Although some motorcycle accident claims will involve product liability law, the majority of them will focus solely or mainly on personal injury law. Some of the issues that are usually covered within a personal injury claim involving a motorcycle accident are:

  • Insurance Provisions
  • Who’s At Fault (Determination of Liability)
  • Medical Expenses
  • Compliance with Traffic and Registration Laws

Meeting With Your Lawyer
Prior to selecting a lawyer to represent your personal injury claim for your motorcycle accident, you’ll want to ensure you’ve asked your lawyer some very important questions, including:

  • Have They Represented People with Motorcycle Accident Personal Injuries Before and How Often?
  • What Are All the Possible Options and Outcomes for the Resolution of Your Case?
  • How Long Should Your Case Take To Resolve and How Frequently Will You Receive Updates?

Answers to these questions and others are going to help you make the determination on whether or not you’ve found the right lawyer to handle your motorcycle accident personal injury claim. At the Doan Law Firm we’re experienced motorcycle accident personal injury attorney lawyers. Not only do we live and breathe motorcycle law but we’re motorcycle riders and enthusiasts as well.

After selecting your lawyer, you’ll want to begin the process of gathering all of the paperwork in order to prepare for meeting with your lawyer for the first time. If you’re sent a questionnaire by your lawyer, ensure that you’ve filled it out and brought it with you to that initial meeting. Questionnaires will cover many topics that surround your case, including:

  • Contact Information
  • Personal Background
  • Basic Information on Your Case

The other types of paperwork you should provide to your lawyer will include:

  • Accident and/or Police Reports
  • Medical Bills and Records
  • A Written Statement on How Your Injuries Have Affected Your Personal and Work Life
  • Names of People and/or Companies That Are Involved In Your Case, This Includes Potential Witnesses
  • Insurance Coverage Information Along With Correspondence and Interactions with the Insurance Company/Companies

Essentially, the more information that you are able to provide and give to your lawyer, the better it’s going to be for the outcome of your case regardless of if it settles or goes to trial.