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Imagine enjoying the thrilling experience of riding a motorbike on the open road. Then, a distracted or speeding driver hits you, causing a crash that leaves you injured. Motorbike riders have less protection than motorists in cars. Motorcycle riders are more likely to be injured in a collision, especially certain types of bikes, like supersport motorcycles.
It’s no surprise that the aftermath of a motorcycle crash is stressful. Besides getting support from family and friends, you’ll likely need the help of a motorcycle accident lawyer. With a skilled lawyer, you can protect your rights and increase your odds of winning a settlement for injuries and other damages. Continue reading to understand how motorcycle accident lawyers can help maximize their clients’ compensation post-accident.
Ways a Motorcycle Accident Lawyer Maximizes Your Compensation
1. Provide Legal Advice
You can best define a motorcycle accident lawyer as a personal injury attorney specializing in motorcycle crashes. One of their responsibilities is to explain your rights in a motorcycle accident claim. Following a crash, you’re entitled to compensation and legal representation.
A lawyer can then discuss your case to get facts about the accident and advise you on steps you must take to seek a settlement for your injuries. This includes reporting the incident if you didn’t do it while at the accident scene. It’s crucial to get treatment for injuries sustained and keep the medicine prescriptions and hospital receipts safe. Following these simple steps can help reduce the chances of the at-fault party denying liability, according to motorcycle attorneys at www.cohenfeeley.com.
2. Gather Evidence
Your version of the accident alone isn’t usually enough for a lawyer to fight for fair compensation. What your attorney could do is investigate the accident to clarify the information you shared. They might gather photographs and CCTV footage of the accident scene, review police reports, and recordings of witness statements. Your lawyer’s investigations can help provide an idea of how the collision occurred.
From the evidence gathered, a lawyer can better determine liability. Medical records are important pieces of evidence that reveal the level of injuries you sustained during the accident. Your attorney might need those to assess the severity of your injuries and losses. With enough evidence, an attorney is in an optimal position to stop insurers from trying to deny liability or offer minimum payouts.
3. Calculate the Value of a Claim
If you were to calculate your losses following a motorcycle crash, you would come up with a small amount or nothing. Experienced attorneys know the damages you can be compensated for and can assess each one of them to determine its accurate value.
Damages eligible for compensation may include:
- Medical expenses like hospitalization, surgeries, ongoing treatment, and therapy.
- Lost wages if your injuries resulted in lost workdays or reduced your ability to work.
- Property damage: If your motorcycle was damaged, you may receive compensation for repairs or replacement.
- Pain and suffering (non-economic damages): you could seek monetary compensation for emotional and physical pain experienced after the crash.
4. Negotiate for a Higher Settlement
Communicating with insurance providers after getting into an accident can be daunting. Some insurance companies could try to convince you to take a lower amount. Others might deny compensation based on unfair bias, like saying a driver was reckless.
Lawyers with expertise in motorcycle accidents know insurance regulations, traffic laws, and personal injury law. Plus, they are familiar with the tactics insurers use to offer low payouts. Your attorney can manage discussions with insurers on your behalf to advocate for your legal rights. Using the evidence they have gathered, your attorney tries to prove to insurance companies that their client is liable and you deserve a higher settlement amount than what they are offering.
5. Represent You in Court
A motorcycle accident lawyer can successfully negotiate a higher settlement out of court. But sometimes insurance companies may deny full compensation, forcing your attorney to file a personal injury claim in court. Skilled lawyers take advantage of court proceedings to ask for maximum compensation on your behalf. They might present the evidence proving you were injured in a motorcycle crash that was someone else’s negligence.
Your legal representative could also invite expert witnesses to support your claim. For example, if the collision occurred because of a motorcycle part malfunction, a motorcycle engineer can testify in court. Accidents caused by product defects are common personal injury cases, and an engineer’s testimony can help build a strong product liability claim against the motorcycle manufacturer.
A medical professional is another example of an expert witness in a motorcycle accident case. They can provide documentation of injuries you sustained and testify about the psychological impact the accident has had on your well-being.
Conclusion
After being involved in a motorcycle accident, it’s crucial to seek compensation for injuries, financial loss, pain and suffering, and property damage. Navigating this legal process alone is stressful when you know nothing about motorcycle accident law. It is, therefore, wise to hire a motorcycle accident lawyer to maximize your settlement award.
An attorney with a specialty in motorcycle accidents can offer the right guidance to protect your legal rights. They will find evidence to strengthen your claim, determine your compensation value, negotiate with insurers, and represent you in court.
Sources:
Damages Eligible for Compensation | Investopedia
Motorcycles | Insurance Institute for Highway Safety
42 U.S. Code § 14505 – Definitions | Cornell
