Category: Personal Injury

Sometimes people will find themselves looking at a settlement for a motorcycle accident which can help provide at least a partial measure of security, at least when it comes to financial concerns. Motorcycle lovers love to ride and feel the wind in their face along with the sense of freedom that comes from a motorcycle ride. People will take advantage of the warmer temperatures and hop on their motorcycle for:

• Adventure
• Fun
• Easier Transportation Mode

Although there is a lot of amusement that comes with the sport of motorcycle riding, the unfortunate reality is that it’s one of the most dangerous pastimes that someone can undertake.

Accidents Can and Do Happen

There is risk in all of life’s areas and nobody is able to ensure against an unforeseen accident that could happen in the future. Motorcycle accidents will more often than not involve a larger passenger vehicle. The primary reason that motorcycle accidents are so dangerous is the fact that they have to share the road with trucks and larger passenger vehicles. The reality is that drivers aren’t always aware of their surroundings and there’s a much greater risk to hitting a vehicle that’s harder to see and smaller than they are, then it would be to see another truck or car that’s on the road. In instances where the accident is the fault of the other driver, the need for the hiring of an experienced motorcycle accident lawyer and the filing of a motorcycle accident claim will become apparent.

Some motorcycle accidents will occur due to riders that are underage or just careless; however, the majority of all of them is due to drivers of other passenger vehicles and will require a motorcycle accident lawsuit/settlement in order to resolve them. If there is a person killed in a motorcycle accident and the blame has fallen on the other party through an act of negligence or carelessness, the victim’s family is able to file a lawsuit on the deceased family member’s behalf in order to recoup money to cover hospital costs and/or other expenses related to the motorcycle accident. The responsible party will be liable for any and all of the damages and will need to answer to the dependents, families or beneficiaries of the deceased party.

Instances like the above will often require assistance from an experienced motorcycle lawsuit lawyer and the Doan Law Firm has experienced motorcycle lawyers standing by to give you legal guidance. In the case a family member has died a wrongful death lawsuit may be necessary and will cover accidents where negligence or carelessness were at play.

You Have Rights

People that have suffered injuries or their family that has lost a family member as the result of a motorcycle accident should be aware of the order of proceedings and all of the rules that will follow. Those people who are familiar with all of their rights and how the system is intended to work will be able to ensure they receive the compensation that they deserve. For those that aren’t, and even those that are, will find the assistance of an experienced motorcycle accident lawyer invaluable as experienced personal injury lawyers in motorcycle accidents will know if your settlement is fair and be able to take it to court if it’s not to ensure you get what you deserve.

Every case and the rules surrounding them will vary. Those who wish to pursue a lawsuit need to be aware of all the laws and rules that surround their case. Those who are just looking for compensation or retribution need to be aware of the statute of limitations (the amount of time that a victim or victim’s family has to file a lawsuit and get justice from the person at fault for the accident) that will apply to their case. Depending on the severity of the incident it can vary to a year to several years. After the statute of limitations has passed the fault of the other party will no longer be contested in court.

Bringing Your Case to Court
The process of filing a lawsuit and pursuing settlement for your motorcycle accident personal injury claim can be very confusing. Victims that are serious about gaining compensation for hospital costs, other costs or injuries need to seek the help of an experienced motorcycle accident lawyer immediately. Motorcycle accident personal injury lawyers understand the turmoil and stress from an accident like this and can provide all of the help that’s necessary in order to bring a timely end to the process.

When the case has to be presented within a court of law, the motorcycle accident personal injury lawyer will be able to provide advice and counsel and lead their client through all of the necessary steps to bring the action into court through a lawsuit and achieve a settlement that’s satisfactory. At the Doan Law Firm we have the reputation and reputable history to bring your action into court and get you the desired result you deserve. We’ll ensure that you know the rights that you’re entitled to and will work closely with you in order to ensure that the facts surrounding your case are kept accurate and presented properly.

Final Thoughts
Man is much weaker than steal, therefore accidents involving a motorcycle and a passenger vehicle at a high rate of speed will often lead to serious injuries and sometimes death. Motorcycle accident lawsuits and subsequent settlements will help recuperate the necessary financial aid that will be necessary for the victim or the victim’s family to cope with the financial repercussions resulting from the unforeseen motorcycle accident. Nobody is guaranteed tomorrow, and as a result, everyone needs to exercise caution in all areas of their life. When a motorcycle accident occurs an experienced motorcycle accident lawyer can ensure that this unforeseen circumstance isn’t an unneeded and unnecessary financial burden.

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.