Surviving a motorcycle crash can be harrowing. Your body is broken and battered, your bike is damaged, and your sense of freedom and adventure is suddenly gone. The last thing you want to do is deal with insurance companies and the legal system.
However, pursuing legal action after a serious accident caused by another's negligence is often necessary to pay for mounting medical bills and other losses. While the legal process can complicate an already difficult time, with the right guidance it can make all the difference in your ability to heal without the added stress of financial hardship.
Here are some key things motorcycle accident victims need to know about personal injury lawsuits:
- You Must Prove Negligence and Liability
To win a personal injury lawsuit after a motorcycle crash, you must be able to demonstrate that another person or party was at fault and negligent, and that their negligence directly caused your injuries and losses. Proving negligence after a bike crash is done by providing evidence like police reports, witness statements, photos, and expert testimony. Because motorcycle crashes often involve the complete destruction of the motorcycle, obtain gap insurance to pay off any loan. Also, maintain bodily injury, uninsured/underinsured (UM) insurance coverage and umbrella coverage to the maximum limits you can afford.
- Comparative Negligence Rules Apply
Even if another party is found mostly at fault, if you are deemed to share any portion of liability for the accident, the amount of compensation you can recover may be reduced. Laws regarding comparative negligence vary by state, but in most places if you are less than 50% at fault, your claim is still viable.
- You Have Limited Time to File a Claim
Each state has statutes of limitations on filing personal injury lawsuits. Motorcycle accident statute of limitations typically range from six months to two years from the date of the accident. If you miss this filing deadline, you forfeit your right to pursue legal action and recover damages. It is best to explore a potential claim or lawsuit as soon as possible a motorcycle crash.
- Experience Matters
You'll need an experienced Albuquerque personal injury lawyer. Lawsuits involving motor vehicle crashes can be complex, especially when severe injuries are involved. An attorney experienced with motorcycle accident litigation will know how to properly investigate and build a case, deal with insurance companies, determine fair compensation, and represent you in court if necessary. Without experienced legal counsel, insurance companies and negligent parties typically have the upper hand.
With guidance and representation from a qualified motorcycle accident attorney, accident victims can pursue litigation to achieve maximum compensation for injuries, damages, pain and suffering, and loss of enjoyment of life. While recovering from a crash, this allows for the best opportunity to rebuild without worrying about how you will pay medical bills and other expenses.
With over 20 years of experience in handling motorcycle accident litigation, Singleton Schreiber attorneys have the expertise to guide victims through the legal process while they recover from their injuries. By consulting with our team soon after a crash, you put yourself in the best position to receive maximum compensation for losses without the added worries of financial devastation. We can handle building a strong case, dealing with insurance companies, and fighting for your rights in court so you can focus on healing.
CounselSrinivas “Vas” Hanumadass is a member of our Personal Injury and Wrongful Death practice group who focuses on single-event, catastrophic personal injury cases. He has earned several multimillion-dollar results for his ...