After a motorcycle accident, you should make sure that you are okay and that you have not suffered any injuries. Similarly, you should ensure that the other parties involved are not injured either. While some people make it out of motorcycle accidents with nothing but a few scratches, others are not so lucky.
Therefore, you may want to seek justice and make sure you’re compensated following a crash involving a motorcycle. But how do you know whether you have a motorcycle accident case or not?
Every year, around 5,000 motorcycle riders die in accidents. If you make it out alive, here are some things that can tell you if your case is strong:
Signs That You Have a Strong Motorcycle Accident Case
You Got Injured During the Accident
If you notice any injuries that were never there before the accident, it’s safe to say that you got them in the middle of the whole ordeal.
The first thing people do when they are injured in motorcycle accidents is sought medical help. If you do the same thing as soon as the incident takes place, your medical records can serve as proof.
Another thing you can do is take photographs of the injuries you’ve suffered, as well as the actual accident scene. Testimonies from witnesses and experts can also be obtained if you sustained any injuries. This will make it easier for you to win the case.
All cases have a certain statute of limitations that varies based on the state. So, the place where you file your motorcycle accident claim will influence the amount of time you have available for the submission.
For example, in California, you have two years to file a lawsuit from the day the accident took place. At the same time, the statute may vary sometimes depending on the defendant. If the accident only happened recently, then you can still have a chance of getting the compensation you deserve with the help of a California motorcycle accident lawyer.
The Injuries Led to Other Damages
Sometimes, when someone suffers injuries during a motorcycle accident, this is not the end. Other challenges may follow. The more recoverable losses you have suffered, the higher your chances of having a strong motorcycle accident case become.
Depending on the state, certain losses are recognized by the tort law, including:
- Mental anguish
- Increased Medical bills
- Lost earning capacity
- Physical impairment
- Suffering and pained
- Decreased life quality
- Damage to your property
- Emotional distress
- Necessary replacement service costs
- Medical bills
You Are Not the One Who Caused the Accident
Is someone else responsible for the traffic crash? In this case, you are lucky. This means you will have higher chances of winning and claiming compensation – at least if you can prove it.
Some states have a fault-based approach when it comes to the financial responsibility for a motorcycle accident. So, if someone caused a motorcycle accident with victims, the victims can seek compensation from the culprit.
However, for a claim, you must be able to prove that someone else was indeed the sole culprit in this case. If you had the slightest involvement in the motorcycle crash, your likelihood of getting compensated – at least for the full amount you expected – diminishes.
What Are the Most Common Types of Injuries in Motorcycle Accidents?
Motorcyclists suffer all sorts of injuries during collisions, depending on the case. The worse the accident is, the more severe the injuries will be. Injuries can be either soft or hard. They can include:
- Abrasions and lacerations
- Internal bleeding
- Brain and spinal cord injuries
- Sprains and strains
What Are the Most Common Motorcycle Accident Causes
There are many reasons why motorcycle accidents happen. The smallest distraction can be enough for a disaster to occur. Generally, motorcycle accidents are caused by things like:
- Driving under the influence
- Reckless driving
- Opening car doors
- Lane splitting or switching
- Head-on collisions
- Weather conditions
- Lack of experience
The Bottom Line
You may have a strong motorcycle accident case if the incident only took place recently or if you are not guilty of the event. Also, if you were injured during the accident and incurred actual damages due to the injuries, your likelihood of getting compensation increases. It’s always best to have an experienced attorney by your side to make sure you win the case.
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