Motorcycles are a popular means of transportation. Unfortunately, bikers are also at a greater risk of getting into an accident. Understanding the common causes of motorcycle accidents can help prevent them, but sometimes things get out of control. So, if you’re a motorcyclist, this post will help you understand your rights and explain why hiring a motorcycle accident lawyer is a must, should you get into an accident.
Understanding the Common Causes of Motorcycle Accidents
Motorcycle accidents often result from unique road circumstances and driver behaviors. Some scenarios in which the motorcyclist can potentially file a personal injury claim if they are injured due to the negligence or wrongful actions of another driver include:
Left-Turn Accidents
These occur when a vehicle makes a left turn at an intersection or into a driveway and fails to notice an oncoming motorcyclist. This is one of the most common causes of motorcycle accidents involving other vehicles, often due to the car driver’s failure to see the motorcycle or misjudging its speed.
Rear-End Collisions
If a vehicle hits a motorcycle from behind, it’s usually the vehicle driver’s fault. Such accidents can occur if the driver is distracted, following too closely, or fails to recognize that the motorcycle has stopped or slowed down.
Lane Change Accidents
These accidents happen when a car changes lanes without noticing a motorcycle in their blind spot or without proper signaling, leading to a collision. Motorcyclists are particularly vulnerable in these situations due to their smaller size and less visibility.
Speeding and Aggressive Driving
Drivers who exceed speed limits or engage in aggressive driving behaviors, such as quick lane changes, tailgating, and erratic braking, pose a high risk to motorcyclists. These actions can lead to serious accidents, giving the motorcyclist grounds for a claim if injured.
Legal Rights and Compensation
Understanding your legal rights following a motorcycle accident is paramount.
Right to Compensation
If you’ve been injured in a motorcycle accident due to another’s negligence, you have the right to seek compensation. The types of compensation you can expect are:
- Medical Expenses: Covers all medical treatments related to injuries sustained in the accident, including emergency care, surgical procedures, medications, physical therapy, and any long-term healthcare needs.
- Lost Wages: Compensation for any income lost due to the inability to work following the accident. This includes both immediate lost earnings and potential future earnings if your capacity to work has been permanently affected.
- Pain and Suffering: This type of compensation acknowledges the physical pain and emotional distress caused by the accident. It is subjective and varies depending on the severity of the suffering and its long-term effects.
- Property Damage: Provides reimbursement for damages to your motorcycle and any other personal property affected by the accident.
- Loss of Consortium: If applicable, this compensation relates to the impact of injuries on your relationship with your spouse or partner, including loss of companionship, support, and affection.
Right to a Fair Trial
Every individual involved in a motorcycle accident has the right to pursue justice through the court system if negotiations do not lead to a satisfactory settlement. This right ensures that you can have your case heard by a jury or a judge, who will objectively assess the evidence, listen to all parties involved, and decide on the appropriate compensation based on the case’s merits.
Right to Legal Representation
The right to legal representation is essential in ensuring that your interests are fully protected during legal proceedings. Having an attorney means more than just having support in court. An attorney will work on your behalf to present your case in the best possible light, challenge any unjust claims by the opposition, and strive to ensure that your legal rights are upheld.
How a Motorcycle Accident Lawyer Can Help
Accidents can take a toll on your mental health. Therefore, it’s important to have a reliable representative. A qualified motorcycle accident lawyer is not just a legal advisor but a crucial ally who ensures that your rights are protected and that you receive the compensation you deserve.
One of the first steps your lawyer will take is to gather all relevant evidence that can support your claim. This includes obtaining police reports, security footage, eyewitness accounts, and any physical evidence from the accident scene. They may also work with accident reconstruction experts to build a strong foundation for your case.
In complex cases, the insights of medical professionals, economic loss experts, and accident reconstruction specialists can be pivotal. Your lawyer will know which experts to consult and how to integrate their testimonies effectively to substantiate your claim regarding both the circumstances of the accident and the impact of your injuries.
Dealing with insurance companies can be challenging. Insurers often aim to minimize payouts and can engage in tactics that are overwhelming for individuals to handle alone. Your lawyer will take on the responsibility of negotiating with the insurance companies to ensure that the settlement offered reflects the true cost of your injuries and losses.
Legal processes are also bound by strict deadlines and protocols. Your motorcycle accident lawyer will handle all the necessary paperwork, ensure that documents are filed correctly, and adhere to legal timelines, thus relieving you of the burden and stress of managing these details.
Finally, beyond the tangible tasks, a good motorcycle accident lawyer provides emotional support and reassurance through what can be a stressful and difficult time. Your lawyer will keep you informed and involved in every step of the process, ensuring that you understand your options and the progress of your case. If you were involved in a motorcycle accident, contact Michael Kelly’s injury lawyers for assistance by calling 617-444-4444 or filling out a form at callkellycall4.com.
