Motorcycle accidents can kill. Those that survive the harrowing experience change forever. For some, a bad accident means they will never ride again. For others, the fear is too real for them to consider ever getting back on a bike.
We discussed how large of a scale of motorcycle accidents and claims we are facing. Use our advice if you are considering a claim for compensation or a lawsuit after your motorcycle accident.
How Bad is the Problem of Motorcycle Accidents and Claims?
With the latest statistics showing around 5,014 deaths out of all motorcycle accidents in the USA, it’s easy to see that bike riders are at risk on the roads. They make up a whopping 14% of all motor vehicle accidents which happen in the US each year. Fortunately, statistics are down from the previous years, so the government’s rigorous action on awareness of motorcycles, accidents, claims, and lawsuits, is producing results.
Let us discuss how and what you can do if you are involved in a motorcycle accident claim or lawsuit. Don’t forget to hire motorcycle accident attorneys before you decide to claim, as their help will be invaluable throughout the process.
How do Motorcycle Accident Claims and Lawsuits Work?
When you become injured in a motorcycle accident, you will need to gather evidence to support your claim. If you are out cold or in hospital, you need an attorney for this part. The attorney will gather evidence such as police reports, medical reports, and even take photographs of the scene on your behalf. Once you have gathered the evidence, they will have a meeting to discuss how to tackle your case. This meeting is called the discovery phase.
Once you have collated all your evidence and your legal team know how to proceed, your evidence goes to a judge. They will assess your claim based on what you say, what your evidence suggests, and what the opposition say. You will be up against the opposing party’s insurance company, since they are the ones that will pay your claim if successful.
The judge will decide who is at fault and to what percentage. Here in the US, some states offer percentages of blame. Provided your percentage is under 50%, you can claim compensation for your motorbike accident. If you are not at fault or at fault to a limited degree, your legal team will enter negotiations.
Negotiations mean going back and forth between your legal team and the opposition’s. The aim of negotiations is to work out settlement terms that suit both parties. Normally this would be a large sum of money paid from one party to another. However, there may be non-monetary offers on the table. The phrase “you should never take the first offer” comes from this process.
Will My Motorcycle Accident Case Go to Court?
It is unlikely that you will go to court for your claim. However, if both parties cannot reach an eventual agreement, court is the only option. Most insurers will settle before court to avoid legal fees.