Contact a Fort Wayne motorcycle accident lawyer for assistance if you have experienced a motorcycle accident. You might recover damages from the driver responsible for the accident. But first, you must analyze the facts of the accident before suing someone for the injuries.
Motorcycle accident cases can be complicated. For instance, you may quickly point an accusing finger at the other driver after a head-on collision. Investigations might reveal the actual cause of the accident was defects in some parts of the vehicle. Here is what you need to know before filing a motorcycle accident claim.
Major Causes of Motorcycle Accidents
Motorcyclists are at a greater risk of getting into an accident.
Some causes of motorcycle accidents include:
- Drunk driving by the at-fault party
- Traffic violations
- Speeding
- Lane splitting
- Sudden turns by cars in front of a motorcyclist
Poor road designs and construction practices can also cause accidents. For instance, driving on an uneven road surface may force you to skid and crash. Motorcyclists at times get into an accident because of manufacturing defects in the components of their motorcycles.
A Fort Wayne motorcycle accident lawyer may advise you to conduct a thorough investigation before blaming anyone for the accident.
For a free legal consultation with a motorcycle accidents lawyer serving Fort Wayne, call 800-333-9999
What Investigations Reveal
Investigations into a motorcycle accident can reveal the cause and the party responsible for causing the accident. But the investigation is not always a straightforward process. It sometimes requires that you work with other professionals to determine the exact cause of an accident.
Reading through a police report of the accident is one of the best places to start the investigation. The report can give you an idea of the events that led to the accident. It can also reveal if any of the parties in the accident was under the influence when the accident happened.
You should also analyze the CCTV footage showing what happened before and after an accident. Read witness statements about the accident and try to find consistency with the other evidence you have. An accident reconstructionist can be invaluable in recreating and establishing the possible cause of the accident.
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The Responsible Party
It becomes easier to identify the liable party after finding the exact cause of the accident. Suppose the cause of the accident was distracted driving. The responsible party becomes the negligent driver. Generally, drivers can be liable if they engaged in acts or omissions that compromised your safety before the accident.
If the accident results from poor road construction practices or design, the local government could be responsible for your injuries. Your motorcycle manufacturer may have to compensate you for accidents resulting from defects in their products.
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Proving Liability in a Motorcycle Accident Case
To recover compensation from the at-fault party, you must prove four elements of liability. The first element is that of duty. You must show that the at-fault party owed you a legal duty of reasonable care while using the road.
The second element you must show is the breach of duty by the at-fault party. Here, you should demonstrate that the at-fault party did or did not do something that a reasonable party would do in similar circumstances.
The third element requires that you show the breach of duty caused your injuries. Your medical reports and photographs of your injuries can do the trick in a motorcycle accident. Finally, you should prove that you suffered damages as the fourth element. You can use records of your medical bills and other expenses relating to the injuries to confirm this element.
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Comparative Fault
Let us assume that you were lane splitting in an area with slow traffic. Then a driver suddenly opens the vehicle’s door, forcing you to crush into it. Should you file a personal injury case against the driver? A Fort Wayne motorcycle accident lawyer may tell you to proceed and file for claims.
The court looks at the facts of the case when assigning a percentage fault amount to the parties. Whoever plays a more significant role in the accident should get a higher percentage of fault.
The Damages That You Can Recover
The compensation you shall recover touches on both the tangible and non-tangible aspects of your injuries. The tangible aspects relate to parts of the injuries that are easy to assign a monetary value to. You should be able to recover economic damages for these injuries. The non-tangible aspects are the significant losses brought about by your injuries, but it isn’t easy to estimate the monetary value of these aspects. You can also recover non-economic damages for intangible aspects.
Generally, the compensation you may receive can be in the form of:
- Current and future medical costs for treating your injuries
- Emotional distress costs
- Wrongful death claim
- Disfigurement in case the accident resulted in permanent injuries
Contact Isaacs and Isaacs Personal Injury Lawyers for Legal Assistance
It would help if you had time to recover from your injuries after a motorcycle accident. Yet, you also need to recover damages by filing a civil lawsuit against the at-fault party. We have in-house litigation at Isaacs and Isaacs Personal Injury Lawyers that can file claims on your behalf.
We do not charge any upfront fees and costs unless we settle your case. Call for a case review with a Fort Wayne motorcycle accident serving your location.
Call or text 800-333-9999 or complete a Free Case Evaluation form
