Steps to Take After a Motorcycle Accident

The number of motorcycle accidents in the United States is alarmingly high, with equally high death rates. For example, in 2019, the National Highway Traffic Safety Administration(NHTSA) estimated the number of injured motorcyclists at 84,000 and deaths at 5,014. The accident is typical because at least one of the parties involved was negligent, reckless, or distracted.

If you were involved in a motorcycle accident that was not your fault, you need to know what to do next. This article describes the legal actions to take after a motorcycle accident, especially when someone else is at fault.

Pinpoint the At-Fault Party

Every road user, including motorcyclists, has a duty of care or legal responsibility towards other road users. If one road user fails in their legal responsibility, they are negligent in the eye of the law. When a motorcycle accident happens, you must determine who caused it–who was negligent.

In a typical motorcycle accident, at least one rider or driver is at fault. However, there are instances where none of the riders is to blame. In this case, the motorcycle manufacturer, the designers, or the maintainers of the road are to blame.

The accident victim is responsible for investigating and deciding who and what caused the accident. However, a judge or jury pool can determine the at-fault party and compensation amount if neither party can decide this.

Determine the Legal Grounds for Filing a Lawsuit

If you can prove that the defendant caused the crash that caused your injuries, you have legal grounds to file a lawsuit. This means you have shown that the driver was speeding, distracted, reckless, or failed to obey traffic rules.

Whatever the case, you will successfully file a claim if you show that the other driver violated their duty of care. You must also show that their breach of this duty of care directly caused the accident.

Understand the Factors That Affect the Settlement Amount

Several accident cases of this nature settle out of court when the at-fault party accepts responsibility and offers acceptable compensation. The case will settle if the victim accepts the settlement amount and agrees to stay future claims. Several factors can affect how much settlement the victim deserves, including:

• The severity of the victim’s injuries
• If it was clear who was at fault in the crash
• The policy limits of the insurance of the at-fault driver
• The extent of damage the accident caused
• Whether one driver was to blame in the crash or all the parties involved shared responsibility

If the parties share responsibility, whether or not the victim gets compensation depends on their state. While some states still allow victims to get a certain percentage of compensation, others bar victims from filing a claim. These are referred to as contributory negligence and comparative negligence, respectively.

Know the Likely Defenses in Motorcycle Accident Cases

Even if you have rock-solid evidence that the other driver is at fault, the latter will develop defenses. Below are some of the likely defenses the other driver being held liable can come up with:

• They could argue that the motorcyclist did cause the accident
• They could argue that the victim worsened the situation with their action and, therefore, they should share the blame
• They could claim that the statute of limitations has passed

Conclusion

“You may be eligible to file a lawsuit if you are a motorcycle accident victim. Also, you must demonstrate that the other party is to blame and show how much you lost because of the accident for this eligibility to suffice,” says Felix Gonzalez of Felix Gonzalez Accident & Injury Law Firm.