The use of motorcycles is prevalent among many people across the country. This popularity can be attributed to how cheap it is to use compared to cars and their efficiency. However, motorcycle users face a negative perception by most of the public.
Many individuals view motorcycle operations as a risky affair and motorcyclists as danger-loving people. With this stereotype, motorcyclists face challenges when seeking compensation after an accident.
Filing an insurance claim with the at-fault party’s insurer after a crash is something you have a right to do. If negotiations fail, you can file a personal injury lawsuit. You may wish to hire a Goshen motorcycle accident lawyer to help you pursue this right. A lawyer knows how the insurance or civil suit process works. They can use this knowledge to help you get the maximum compensation possible.
Motorcycle Regulations to Follow in Indiana
As you share the road with other motorists, you must obey the laid-out laws just as they have to. This ensures that everyone remains safe while traveling. Apart from the common laws that everyone must abide by, there are some regulations curated for motorcyclists.
Regulations in some states include those using a motorcycle learner’s permit must wear a helmet during operation. The other rule relates to lane splitting. This is where a motorcycle rider uses the space between two lanes in which vehicles move slowly in the same direction. Other times, the cars may have come to a complete stop. Lane splitting is risky because there is less space between vehicles, and any error on the biker’s part may lead to a collision.
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Finding the Responsible Party for Your Crash
Motorcyclists and other motorists should demonstrate a duty of care. This means that they should practice reasonable care when carrying out any actions that could harm other people. If either party violates their duty of care to another road user, they may be held financially responsible. Thus, they may have to financially take care of any injuries and losses the other party suffered.
To hold another party liable after your motorcycle accident, you must prove that they were negligent. There are various factors involved in proving negligence. You must show a duty of care was present. Next, you must demonstrate that the defendant failed to observe that duty of care. Finally, you must show that their violation led to injuries and damages.
The process of proving negligence is one that a Goshen motorcycle accident lawyer is familiar with. A lawyer can collect evidence that can help prove which party is to blame. They also have the necessary resources to consult professionals whose opinions can support your insurance claim.
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Losses You Can Get Compensated for in a Motorcycle Accident Case
If the other party demonstrated negligence in your crash, you could get compensatory damages. This is a payment that you receive for economic and non-economic damages.
Economic damages encompass things like medical expenses or lost wages. These damages compensate you for the financial losses you suffered from the crash.
Non-economic damages involve pain and suffering, mental anguish, and loss of enjoyment of life.
These damages compensate you for non-financial losses resulting from your accident. A lawyer can help you determine which damages to claim. They can also help you estimate what those damages amount to, so you know what settlement amount to expect from the insurer.
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Losing a Loved One in a Motorcycle Accident
If your family member lost their life to a motorcycle accident caused by someone else’s negligence, you could file a wrongful death lawsuit. The reckless actions of the at-fault party are the foundation of a wrongful death case. In a wrongful death case, the amount awarded can provide compensation to the surviving family members.
Part of what the court may consider in such a claim is the deceased’s pain and suffering after the crash before their passing.
These include:
- Loss of emotional and financial support
- Loss of their expected wages
- Loss of consortium
The amount can also cater to funeral costs and medical expenses after the crash before their death. Our in-house litigation team can represent you if your wrongful death case goes to court.
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Maximizing What You Can Recover in Damages
After a motorcycle accident, there are some steps you can take to ensure you have a good chance of getting fair compensation. Make sure you follow your doctor’s advice. The defense may argue that non-adherence impacted your injuries. They can then have grounds to offer you a lower settlement.
Please keep a record of all your expenses and receipts to corroborate them. Also, record the impact that your accident-related injuries have on your life. This can help support your claim for pain and suffering damages. Consulting a motorcycle accident lawyer can only help your chances of maximizing your compensation.
A Goshen Motorcycle Accident Lawyer is Here to Help
Filing a claim may be a tough one to handle by yourself. The best part is that you do not have to do it independently. You can reach out to us, and we can go over your case. We can help you take the best approach to recover the maximum claim amount. We don’t charge upfront fees or costs. Talk to a Goshen motorcycle accident lawyer today.
Call or text 800-333-9999 or complete a Free Case Evaluation form