According to the National Highway Traffic Safety Administration (NHTSA), the overall number of fatal motorcycle accidents is dropping. However, there is still a high chance of being seriously injured in one. Motorcycles are inherently less safe than other vehicles because they provide less protection and they are harder to see while driving. Still, that does not absolve anyone of their liability for causing a motorcycle accident. Regardless of which vehicles are on the road, everyone should be careful about how they drive.
If you or a loved one were injured in a motorcycle accident, you may be able to take legal action against the person who caused the accident. You can speak with a Charlotte motorcycle accident lawyer to get help in building your case. Call the offices of Ben Crump Law, PLLC at (800) 924-3113 for a free consultation.
Understanding Your Rights
Riding a motorcycle can be dangerous, but that does not mean that you are responsible for an accident that occurs with one. Drivers of other vehicles have a responsibility to make sure that their driving does not negatively impact others. When another driver’s carelessness does cause an accident, they may be held responsible.
While there may be criminal charges filed by law enforcement, you can take legal action as well. Under civil law, you have the right to file a lawsuit against the person that caused your accident. This lawsuit will be solely focused on collecting financial compensation in order to pay off any expenses related to your injuries and recovery.
Throughout the process, you can have access to legal representation. Working with a lawyer can help you avoid many potential problems that you may face during a lawsuit. This includes negotiating settlements and collecting evidence, which can be difficult without experience and training.
For a free legal consultation with a motorcycle accidents lawyer serving Charlotte, call 800-924-3113
Settlement vs. Trial
After a motorcycle accident, you may have a lot of expenses during the recovery. If this is the case, you may go into severe debt trying to pay off all of those bills. Fortunately, legal action can help you recover compensation that can help with those expenses.
If you decide to take legal action, you will want to do so as soon as possible. You only have a small window of opportunity to file a lawsuit. According to North Carolina General Statutes (GS) §1-52(16), you have three years to file a lawsuit with claims for personal injury and property damage in North Carolina. This is not a lot of time, considering a lawyer has to build a solid case before filing with the court. In addition, many victims wait an extended period—of months or even years—to contact a lawyer since they are focused on recovering first. Do not miss your opportunity to take action by contacting a Charlotte motorcycle accident lawyer as soon as you are able.
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Determining Liability
Liability is an important part of your case, and your lawyer will spend a considerable amount of time trying to determine who is liable for the accident. Liability means that someone is financially responsible for any damages that they cause. In a motorcycle accident, liability is relatively straightforward to determine. In most cases, the person who caused the accident is liable. However, there are cases where this may be different.
Cases involving work-related vehicles can apply liability differently. While the driver will likely still be held liable, the company that owns and operates the vehicle may also be held liable. There are specific circumstances that must be present for this to happen, however, and it is not common in motorcycle accident cases.
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Possible Compensation
In a motorcycle accident case, you can collect compensation for nearly any expense that you have that is related to the accident. As long as your lawyer can provide evidence that it was caused by the accident, you should be able to file a claim. The types of claims that may be filed in a lawsuit include:
- Medical expenses: Motorcycle accidents tend to result in severe injuries that require expensive medical treatments. Emergency medical care is common after an accident and can be very expensive. Because of the potential for head trauma or broken bones, many accident victims also require care from specialists, whose costs may include diagnostic testing and other treatment options.
- Motorcycle repairs or replacement: Motorcycles usually take extensive damage in accidents and are likely to be replaced instead of being repaired. The cost of repairing or replacing a motorcycle can be claimed in a lawsuit.
- Other property damage: Other property that was damaged or destroyed in an accident can be claimed. This may include a helmet, riding gear, cell phone, or any other item of value that was damaged.
- Lost wages: You can claim compensation for the wages that you lost from being out of work after the accident.
Other types of compensation that are not covered on this list may be eligible. Work with a lawyer to determine what your expenses are and how to categorize them, so that the appropriate claims can be filed. Make sure that you also consider long-term and future costs related to your accident.
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Seeking Legal Action
The process of seeking legal action is relatively simple. Start by contacting a lawyer to see what your legal options are and to get advice about how you should handle your case. If you decide to take legal action, hire a lawyer so that you have help managing your case. Your lawyer will collect evidence and file the appropriate paperwork with the court. Then, all you have to do is wait until your case goes to trial. In some cases, you may be offered a settlement agreement, which is another way of ending your case.
Contact a Lawyer to Discuss Your Case
Recovering from a motorcycle accident can be difficult, but you can take legal action to get help with the financial problems that your accident caused. Discuss your case with a Charlotte motorcycle accident lawyer to decide on the best course of action. Call the offices of Ben Crump Law, PLLC at (800) 924-3113 for a free consultation.
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