Motorcycle users have as many rights on the road as other motorists, but through negligence, other motorists may unintentionally infringe on these rights. They may not see a motorcycle and cut the rider off by entering their lane. Or, worse yet, they may collide with a motorcycle and cause an accident due to their negligence.
If you’ve been a victim of careless driving, you can seek compensation. You can try to navigate the complex legal process on your own or hire a Columbus motorcycle accident lawyer who can walk you through the process of filing a motorcycle accident claim.
Proving Negligence in a Motorcycle Wreck
Different states follow a variety of laws on compensation after an accident. Indiana uses the at-fault system. The person primarily responsible for an accident pays for the damages that result from it. That means they need to be assessed as at least 51% liable for the motorcycle accident.
To prove the defendant’s liability, you must show that they were negligent. To prove negligence, the following elements must be demonstrated:
- The defendant owed a legal duty to act with reasonable care
- The defendant went against their duty of care
- You suffered injuries
- The injury you suffered resulted from the breach of legal duty
A Columbus motorcycle accident lawyer can gather evidence to help prove negligence on the defendant’s part. To prove negligence, your lawyer needs to get a copy of the police and medical reports. The attorney may also question witnesses or obtain video footage and images documenting the crash from traffic or business security cameras. To help your case, you should also take photos and videos if you can of the motorcycle accident.
For a free legal consultation with a motorcycle accidents lawyer serving Columbus-IN, call 800-333-9999
Damages refer to the monetary compensation you get for the losses you’ve suffered due to the accident. To show the validity of your motorcycle accident claim, you may have to prove that you suffered damages due to the negligent acts of the defendant. Economic damages are those awarded to compensate you for the expenses that resulted from your crash. They include:
- Medical costs (current and future)
- Lost wages
- Lost future earning capacity
Proving economic damages is usually simpler to do than proving non-economic ones. You can present hospital bills and pay stubs to calculate lost wages. Make sure you safeguard all receipts and bills that show accident-related costs. You can also get documentation to show what you would have earned for any missed days of work. Your lawyer can give you further specific guidance on the documents that will help your case.
Non-economic damages include pain and suffering, loss of enjoyment of life, loss of companionship (or consortium), and mental distress. These are challenging to prove, but you can still recover damages for non-economic losses. Your motorcycle accident lawyer can help you prove such damages but document your experiences after the crash to strengthen your case.
Columbus-IN Motorcycle Accident Lawyer Near Me 800-333-9999
Determining How Much Your Case Is Worth
All cases are different and worthy of different compensation. However, some underlying factors impact how much you can recover in damages. If you shared part of the fault for the crash, the claim amount may get is reduced by that percentage, according to the modified comparative fault policy in Indiana. And if your percentage of fault exceeds 50%, you lose your right to receive any compensation.
You must obey all laws when operating a motorcycle. In doing so, you safeguard your right to compensation in case of an accident. The value of your losses also plays a part in determining your claim’s value. In evaluating your damages, the extent of your injuries, the related medical costs, and whether you will need more medical care are all taken into consideration.
Your insurance company will carry out investigations to help determine fault. Having a lawyer on your side doing the same can still help you. The insurer may try to shift undue blame for the crash on you and your motorcycle accident lawyer will defend your claim if this happens. A lawyer will also calculate the estimated value of your claim while considering the elements that affect it.
How to Choose a Lawyer Following a Motorcycle Accident
A lawyer should help make the claim process smoother. Good communication is crucial for a seamless claims process. Make sure your lawyer will communicate effectively with you about the case.
Seeking a motorcycle accident lawyer that works on a contingency basis will not drain you financially. A contingency basis is where the attorney’s payment is based on the amount of the case settlement without huge fees upfront.
After a motorcycle accident, it may be in your best interest to choose a lawyer that focuses on that specific field. They are aware of the nuances of motorcycle accident law and can do everything possible to try to get you a fair settlement.
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Call a Columbus Motorcycle Accident Lawyer for Help
At Isaacs & Isaacs Personal Injury Lawyers, we will listen to the hardships caused by your motorcycle accident case and keep you up to date about its progress. We also have Spanish-speaking team members, both attorneys and paralegals. We don’t charge upfront fees or costs – once we win or settle your case we can settle the payments.
You can consult Isaacs & Isaacs Personal Injury Lawyers before agreeing to the initial insurance offer. For a free case evaluation, contact our legal team today.