What Are The Top Concerns With Motorcycle Accidents?
Typically, the accident would have already occurred by the time the person got to the attorney so they probably would have already been taken to the emergency room and checked out.
Oftentimes, there is significant trauma involved in a motorcycle accident because the rider would not have the protection they would have had in a car, so at that point they would typically be worried about either paying their medical bills, obtaining medical care in the future or obtaining compensation for lost wages if they were going to have a period of disability where they would not be able to return to work. A client is usually concerned about the financial aspect of it by the time they get to an attorney’s office.
Would Pictures Of The Accident Help The Case?
Photographs would be helpful in showing the vehicle’s positions at impact and the respective damage to the vehicles that would show the force of impact. It would help establish the injury claim as well as cement in where the accident actually occurred and what portion of which vehicle touched the other and what lanes of travel they were in and what directions the vehicles were facing. Photographs would solidify the factual settings at the time of the accident.
Would A Case Be Difficult To Win If The Person Was Not Wearing A Helmet?
It would make the case very much more difficult to win if the person was claiming head trauma. The insurance company would argue that the person either assumed the risk by operating a motorcycle without a helmet or that they were contributed to the negligence factor by not wearing a helmet so they would seek a reduction for the person’s proportional responsibility. Not wearing a helmet would have very little impact on the case if someone injured their knee, because the type of injury sustained would not be something that could have been prevented with the use of the helmet anyway.
How Long Do Motorcycle Cases Typically Take?
Motorcycle cases can be settled fairly quickly if the facts of the loss were very clear and the injury was significant, yet sometimes if there was a dispute as to the nature and extent of the injuries or there was a dispute regarding how the accident happened and the person ended up having to file a lawsuit, then to a certain extent, they would be at the mercy of the court system. These things can take months if not years to resolve if the case were to go to trial, although on average, a case would typically be resolved in 3 to 6 months once the clients completed their medical care.
Would An Expired License Or Speeding Tickets Affect The Case?
This would not be relevant or admissible evidence in most situations, because they would not be able to prove that an accident happened on a particular day because of somebody’s past conduct.
Just because someone had ten speeding tickets would not mean they were necessarily speeding at the time of the accident. The issue with the license would come up if the operation of the motorcycle was placed as an issue because the person was not properly licensed for that particular motorcycle or it may go towards the lack of training or experience to operate the motorcycle although generally, that would not be a determining factor regarding who caused the accident.
Would A Diary Or Journal Of What Happened At The Accident Be Helpful?
Yes, I always recommend for people to keep a diary of what happened during the accident, because if the case were to end up going to court, then the person’s deposition or testimony in court might be taken months, if not years after the accident when their memories would have often faded. They might not remember all the particulars.
I recommend that anytime someone was dealing with something that may end up in litigation, they should take notes and keep a record of not only what happened at the scene of the accident, but what the person experienced throughout the recovery process.
Record the various medical appointments they attended, the medications they received, the effects of those medications, any symptoms that were either resolved or got worse, the duration of the care and the duration of the pain, which would be the type of things that the person would probably not remember when they would need to remember them if they did not keep a journal or a diary or a notebook.
Would It Be Easy To Win A Motorcycle Accident Case Or Would It Be A Tough Battle For The Client?
Each case would be different and it would depend on the actual facts of the accident, whether it was a rear-end accident, whether somebody was turning or changing lanes, whether the defendant admitted responsibility for the accident or they were just trying not to admit liability for the accident.
The second issue would be whether the insurance company wanted to do the right thing or whether they wanted to look out for their bottom line. There are sometimes situations that appear very clear cut on the surface but an insurance adjuster would view things very differently and might want to see how committed a victim was to pursuing the case.
What Initial Steps Should Someone Take After A Motorcycle Accident?
The person should call the police and make a report. They should obtain medical care and get some legal advice, so they should talk to an attorney regarding what their rights are.
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