Who’s responsible for paying compensation when the owner and/or driver are at fault for the motorcycle accident?

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.

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