The National Safety Council reports that in the past decade, deaths from motorcycle accidents have risen 32% while death rates have gone up 13%. Currently, the number of fatalities stands at 6,218 and the rate is 26.16 per 100 million vehicle miles driven.
To protect your rights and guarantee that you get the compensation you deserve after a motorcycle accident, it is necessary for you to understand the procedures of submitting a claim.
Myrtle Beach motorcycle accident attorneys from the law firm Axelrod & Associates, P.A., say that while some people (including insurance adjusters, some jurors, and some judges) may be biased against motorcyclists, the court system is not. The guidance you will receive from a qualified and highly experienced lawyer will enable you to get justice.
Your legal representative will help you determine liability and receive compensation for the injuries you suffered, while also making sure that the process for filing a claim is easy and smooth for you.
Here’s the process of filing a motorcycle accident lawsuit:
Understanding Your Rights After a Motorcycle Accident
According to Bleaman Law Firm P.C., the risk of severe injury or death is much greater in a motorcycle accident than in a standard passenger vehicle accident. Motorcycle accident victims are often entitled to claim compensation for medical bills, expert fees, lost wages, and even pain and suffering.
If the other driver is found liable in a close case, you may be able to seek additional damages, like any foreseeable expenses for rehabilitation or a loss of enjoyment of life. Understanding contributory negligence is crucial to your compensation eligibility. You need to understand that if you have contributed to the accident in any way, you may be able to get the maximum compensation available even if you suffered severe injuries.
You should check your insurance policy and consult with a lawyer immediately.
Gathering Evidence to Support Your Case
Strong evidence is always needed to prove negligence in a motorcycle accident. Evidence produced should consist of photo records of the accident scene, medical records, and police reports, all of which will directly, without a doubt, illuminate the vehicle, environmental, and human elements to be considered in the case.
You and your lawyer can then obtain witness statements. Third-party viewpoints like theirs can significantly clarify what caused the accident. Look for faulty traffic signals, poor road conditions, or missing signs as they may indicate negligence by the relevant authorities. Try to obtain a copy of the footage from one or more cameras spread throughout the scene’s area; cameras can be a significant evidence source.
You should also record all your injuries along with medical treatments and medication you took. Every piece of material supports your legal cause greatly and plays a vital role in reflecting the degree of your damages.
Determining Liability and Insurance Coverage
Before pursuing a claim against the negligent party, you need to determine whose responsibility the fault lies with—whether it is another driver, the condition of the road, or mechanical failures.
Think about the insurance provider for the party at fault; you should investigate the liability limits and decide whether the sum is sufficient for compensation.
Knowing insurance coverage will allow you to anticipate how much compensation you may receive, and you can even negotiate a higher payout depending on the severity of your injuries.
The Legal Process of Filing Your Lawsuit
The claims process typically begins once the injured party has gathered enough evidence like police reports, medical records, and photos of the accident scene. The injured party will then file a complaint, serve the defendant, and engage in pre-trial discovery.
Since you will be filing a complaint with the Court, ensure you adhere to all local regulations, local court formatting guidelines, and precise filing costs. Your lawyer will be able to guide you and ensure you don’t make any mistakes. At this point, you can declare your claim and the desired damages.
Next, serve the defendant with the complaint and summons. You need to allocate a specific time for the defendant to respond.
Should the defendant dispute your allegations, discovery—where evidence is shared—will determine what happens next. Before bringing it to trial, where a judge or jury renders decisions, be ready for settlement. A lawyer’s guidance at this point will allow you to get appropriate compensation based on your injuries and any future medical costs.
What to Expect During the Litigation Process
When the parties fail to reach a settlement, a litigation process will begin. Your lawyer would first attempt to present some evidence—including police reports and some witness statements—to support your case.
Eventually, you will more likely pass through the discovery phase, where both sides share information. This process may also involve depositions, where you might be placed under oath and questioned.
Then, motions will be submitted to resolve conflicts or clarify concerns. If all talks fail, the case then goes to court. Every party presents their own particular argument to a judge or jury at trial; the judge or jury then renders a decision.
Though challenging, motorcycle accident lawsuits can be easier with knowledge of your rights and effective evidence collection. Be organized, smart, and seek legal advice if you don’t understand the terms or suspect the other party is trying to reduce your compensation.
Your search for justice may not be straightforward, but having someone reliable and experienced in dealing with insurance providers and negligent parties will be your key to achieving success.
