personal injury lawyers

Motorcycle Accident Settlements

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.

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.

The Stages of a Motorcycle Injury Settlement

If you’ve been involved in a motorcycle accident and have suffered an injury as a result, it’s likely you have grounds to file a lawsuit. In order to file a lawsuit, you’ll need to have the evidence that the accident was the fault of the other driver and/or drivers. Essentially, that the other vehicle(s) violated their standard duty of care. Put simply, it means that the reckless behavior of the other driver was the proximate cause of the accident. Furthermore, you’ll need to have evidence of all the injuries you’ve sustained as a result of the motorcycle accident.

Filing a claim for an injury stemming from a motorcycle accident isn’t a short process. You must be aware that you may need to wait a long time before complete resolution of your claim.

Gathering Evidence of Your Motorcycle Accident Injury
Prior to contacting a motorcycle accident lawyer that’ll represent you throughout the entire lawsuit, you’ll need to gather evidence to present to your prospective lawyer. The following list of items is what you should have prepared prior to consulting with your prospective lawyer:

  • Names and Contact Information for All Witnesses of the Accident
  • Any Traffic Tickets That Were Issued To the Other Driver
  • Copies of All Your Medical Records and Bills
  • All Evidence That Supports You’re Lost Wages and Missed Work Days
  • Copies of the Police Report That Gives the Details of the Accident
  • Photos of the Accident Scene, Your Injuries and the Vehicles

Hiring a Motorcycle Accident Injury Lawyer
After you’ve gathered all of your evidence, you’ll want to contact a personal injury lawyer that will represent you in your lawsuit. Keep in mind that you don’t want just a general auto accident lawyer, but one that’s experienced specifically with motorcycle accident lawsuits. At the Doan Law Firm we’re not only specialists in motorcycle law/lawsuits, we’re also motorcycle riders and enthusiasts.

The most important part about your relationship with yourself and your lawyer is that you feel comfortable in working with them and that they have the proper level of experience. Essentially, a law firm that specializes in motorcycle accident personal injury cases, not just personal injury as they’ll be able to ensure that you are adequately represented and get you the compensation that you deserve.

After you’ve found the lawyer to represent you, they’ll begin the process of filing your motorcycle accident lawsuit.

Sending the Demand Letter
After your lawyer has all of the documents and information for your case your lawyer will review all of the documents in what’s called the investigation phase. Your lawyer will ask you many questions regarding what occurred, including:

  • Your General Driving Record
  • The Accident
  • Your Injuries

After enough information has been collected, your lawyer will then begin the negotiation process with the other driver’s insurance company. In order to initiate this process your lawyer will put together and send a demand letter. Demand letters inform the insurance company of:

  • Present and Expected Future Medical Expenses
  • Your Intention to Sue
  • The Severity of Your Injuries
  • The Monetary Amount That You’d Be Willing to Settle At

The insurance company is then given a chance to provide their response. If their response is a favorable one your lawyer and you will be able to settle the claim. If the response isn’t favorable, your lawyer will then file a claim at the courthouse in order to begin the initiation of the lawsuit.

Proceeding to Trial
The last stage of a motorcycle injury lawsuit is the trial stage. Often cases will be settled prior to them ever having to reach trial, however, if you do end up at trial, the process itself can be very long an drawn out.

At the start of a trial there is jury selection. Jury selection is where the lawyers select a panel of your peers and they’ll determine the outcome of the lawsuit. There are also instances where your case won’t be heard in front of a jury, but rather a bench trial where the judge that hears the case will decide the outcome. After the jury has been seated (or the bench trial determination has been made) both your attorney and the defense attorney will give their opening statement which serves to establish the facts and arguments they’ll present during the trial.

Witnesses are able to be called to testify in court by either your lawyer (plaintiff’s lawyer) or the defense. Once called they’ll take the stand and both sides will have the opportunity to ask questions, witnesses in the trial can also include you, so prepare yourself to testify at your own trial.

At the conclusion of the testimony, both the plaintiff and defense lawyers will give their closing (final) arguments. Closing arguments are essentially the closing statement in which they’ll summarize the points made throughout the trial. After closing arguments the judge will give the directives and send the jury to deliberate and then the jury will return with the verdict.