Category: Motorcycle Accidents

The owner and/or driver of the truck or car that is the proximate cause of the motorcycle accident will be responsible for paying compensation to both the motorcyclist and the passenger (if applicable ) of the motorcycle. Should the motorcycle drive be at fault for the accident, he/she will not be able to sue for any compensation. If the motorcyclist was at fault and you were a passenger at the time the accident occurred and have suffered injuries, you have rights and will be able to file a lawsuit against the operator of the motorcycle in order to cover damages for lost wages, injuries, future medical expenses, etc…

What are compensatory damages and what does it mean to receive them?
Compensatory damages mean that the injured party will receive monetary compensation for the damage or loss, including medical expenses, your motorcycle and so forth.

What are punitive damages and what does it mean to receive them?
Punitive damages are a monetary award that will be used in certain cases in order to make an example of or penalize the responsible party (the defendant) in your lawsuit. Punitive damages will only be awarded and recovered in specific types of cases. Punitive damages are usually awarded when the defendant has acted with either:

• Disrespect for Others
• In A Manner That Is Reckless

Punitive damage awards are quite unusual and most of the times appellate courts (on appeal) will lower the amount of the punitive award given. At times the appellate courts will dismiss them completely as well. Nonetheless, the risk of this type of award being upheld will often lead the defense to offer a settlement that will be much larger than usual.

What’s comparative negligence?
Under the comparative negligence doctrine, any party that’s partially at fault for their own injuries are still able to recover damages from the other party where there was contributory negligence. Essentially, there is a comparison done of every person/party that was responsible for the motorcycle accident. An injured person’s awarded compensation will then be reduced by their percentage or share of the total fault.

What is the worth of a motorcycle accident lawsuit?
Every motorcycle accident is different, thus the value of every motorcycle accident will vary accordingly. There are multiple factors that will be taken under consideration when compensation is determined, including:

• Sustained Injuries
• Property Damage
• Medical Expenses
• Future Medical Expenses
• Loss of Work

Is there such a thing as automatic compensation?
Compensation like the ones that were listed above will not be awarded automatically in all cases. You’ll need to provide proof of all the expenses you’ve incurred, will incur in the future and the amount those expenses will be or were. Navigating this path is difficult and this is where having an experienced motorcycle accident attorney will be invaluable.

How long do motorcycle lawsuits take?
There are numerous factors that will go toward the determination of the length of time your case will take. With complex cases will take a significantly longer amount of time than a simple case which involves a single party that caused the accident and a single injured party. Complex cases that take longer will include cases that have many different parties that all have dissimilar claims.

When should I seek an experienced motorcycle lawsuit law firm/lawyer?
Seeking immediate legal advice from an experienced motorcycle accident lawyer is essential after you’ve been involved in a motorcycle accident. At the Doan Law Firm our experienced motorcycle accident lawyers will be able to guide you through the entire process and get you the largest possible settlement.

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.