If you suffered injuries as a result of a motorcycle accident, you may be facing costly medical bills, time missed from work, and a painful recovery. You can sue someone personally after a motorcycle accident; you have the right to sue the person who is responsible for the crash.
In some cases, filing a direct lawsuit against the at-fault driver is your best option when it comes to receiving compensation for your injuries and losses. Know that filing a lawsuit is only the first step in the process. You must prove the other driver was negligent in some way and that negligence caused the accident and your subsequent damages.
Proving Liability in a Motorcycle Accident
In order to win a lawsuit against the driver who caused your motorcycle accident, you or your personal injury attorney must prove these four basic elements to establish a case for negligence:
- Duty – The defendant owed you a duty of care. This means the other driver had a duty to drive in a reasonable manner for the safety of other motorists on the road.
- Breach – The defendant breached that duty of care. The other driver violated that duty of care by taking action or by failing to take action that he or she is legally required to do.
- Causation – That breach caused your collision.
- Damages – As a result of that collision, you suffered damages. (injuries, losses, pain, and suffering).
Keep in mind, in order for the other driver to be held liable, all of these elements have to be met in court if you file a lawsuit.
Negotiating with the Insurance Companies
Filing a direct lawsuit against the responsible driver is an option, but it may not always be the best option. In some cases, it is possible to resolve a motorcycle accident claim without ever filing a lawsuit. Negotiating for a fair settlement with the other driver’s insurance company may yield the best outcome. Filing a suit prematurely may impede those negotiations. This is where a motorcycle accident lawyer can be helpful as they are very familiar dealing with the insurance adjuster and not accepting a low-ball offer.
Building a Strong Case
Whether preparing a claim against the insurance company or preparing for trial, a motorcycle accident lawyer can do all of the following while building a strong case on your behalf:
- Gather Evidence – An attorney can collect all of the evidence including your medical records, any eyewitness testimony, pictures or video taken from the accident scene, and the police report from the responding officer.
- Determine the Value of Your Claim – Putting a price tag on your pain and suffering following a crash can be a complex process. Your lawyer can help calculate the value of your claim and not allow the other driver’s insurance company to push you into settling for less than you deserve.
- File a Claim or Lawsuit – While you focus on healing, your attorney can gather all of the important documents and file the proper paperwork in a timely manner.
- Negotiate a Settlement – Going back and forth with the insurance company is the last thing you want to do while trying to recover from your accident and keeping your family afloat. Your lawyer can handle all communication with the insurance adjuster and fight for a fair settlement on your behalf.
- Take Your Case to Trial – If settlement negotiations fail, your attorney will be prepared to take your case to trial and fight to protect your rights in court.
During this difficult time, a motorcycle accident lawyer can answer all of your questions regarding your case and advise you on the next best steps to take to obtain the compensation you deserve.
Do Not Let Time Run Out
Another critical element to you receiving financial recovery following a motorcycle accident is time. Every state has its own statute of limitations on filing personal injury lawsuits. The statute of limitations is “any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim,” according to the Legal Information Institute (LII).
An attorney familiar with your state’s laws will be able to ensure all paperwork is filed before the clock ticks down on your chance to receive compensation for your injuries and losses.
Call Ben Crump Law, PLLC Today
At Ben Crump Law, PLLC we believe accident victims have rights and we want to protect them. Call 800-959-1444 to speak to a member of our team about your unique case. We can determine the value of your claim and guide you on whether to sue the other driver personally after the crash. The initial consultation is free, and we do not collect a fee unless we secure a financial award for you.