Sue for Motorcycle Accident Damages
Your life can be drastically changed after a motorcycle accident. The injuries may be far more severe than any other auto accident, and so the actions you take after a motorcycle accident can significantly impact the compensation you receive for your recovery. However, it may be difficult for you to decide whether you should sue for damages or not.
Contents
Steps
Taking Liability and Damages into Account
- Look for a negligent party. In some cases, it may be difficult to determine who is liable for causing the accident. If you cannot prove that the other driver was negligent, then your case won’t be worth much. The other driver will owe you compensation only if they were the one responsible for causing the accident.
- Examine the damages. This may include physical injuries or repairs for your motorcycle. Depending on how severe the injury was, you may be able to receive a significant amount of compensation. This could really benefit you as you recover and get back on the road.
- Calculate the costs. Damages in personal injury cases are divided into exact calculations, such as property damage, and damages you can’t calculate exactly, namely pain and injuries. There are also costs that some people never take into consideration, such as loss of income and employment benefits.
Preparing for Trial
- Know the difference between the Settlement Value and the Trial Value. Settlement value is what you hope to win from the trial. However, the trial value is what you will reasonably settle the case for. Generally the settlement value will be lower than the trial value to increase your chances of winning the trial. You might not get as much money but you will avoid a higher risk of losing the trial.
- Gather your materials. Any form of paper evidence could be very beneficial to you during your trial. Take the time to put together a binder with your accident and police reports, photographs of your motorcycle and the road conditions, medical records, insurance statements, and any witness accounts you may have. You want to be able to prove that the accident was not your fault. It’s especially important to show that you were wearing sufficient protective gear and were following all traffic laws.
Tips
- If you decide that you want to sue for damages after a motorcycle accident, take the time to talk to multiple experienced attorneys before deciding on one to work with.
- Always exercise caution while operating a motorcycle on the road. Wear the necessary protective gear and maintain eye contact with the other drivers often.
