The claims process injured parties must undertake to get compensated is time-consuming and involves navigating through civil laws. A Huntington motorcycle accident lawyer can help you take on the liable party’s insurer head-on and fight for a fair settlement.
You must show that the liable party acted in breach of their duty of care. The responsible party may admit fault, and their insurer can settle the claim quickly, but this rarely happens.
Causes of Motorcycle Accidents in Huntington
The likelihood of a motorcycle suffering an accident while on the road is higher than any other motor vehicle. Motorcycles are smaller and much more challenging to control due to lower stability.
The main cause of motorcycle accidents is negligence by motorists. Negligence can get manifested in various ways, including:
- Driving while distracted, such as using one’s cellphone
- Drinking or using drugs and then driving
- Refusing to yield the right-of-way
The liable parties in a motorcycle accident may be the motorcyclists, drivers, employers, the state, and the vehicle or motorcycle manufacturer. A motorcycle accident typically involves one motor vehicle colliding with the motorcycle.
The claims process can vary depending on who is the liable party. For instance, you have less time to file a claim against the state than individuals. Such timelines are strict, and missing the deadline effectively bars you from getting any compensatory damages.
A Huntington motorcycle accident lawyer can help you bring a personal injury case against any liable party. You can also claim damages from more than one responsible party if the accident involves multiple vehicles.
For a free legal consultation with a motorcycle accidents lawyer serving Huntington, call 800-333-9999
Do You Need to Hire a Motorcycle Accident Lawyer?
You do not need to hire a motorcycle accident lawyer. But this adversely affects your ability to get fairly compensated by the liable party. After any accident, the party’s insurers are responsible for ensuring that the injured parties return to their former financial position.
Insurance companies are not non-profit companies. This means they can try to do anything to maximize their profits which dictates lowering any settlement amounts they have to pay. Hence, they can dispatch an insurance adjuster to investigate the claim when they get informed of the accident.
The insurance adjuster mainly seeks evidence that may prove that you, the injured party, are partly or wholly at fault for the accident. Even if you are innocent, the insurance adjuster can initially offer a low settlement and insist that it is the only amount they can pay. The negotiation process with the insurance company is where a motorcycle accident lawyer can genuinely help.
A motorcycle accident lawyer can do the following:
- Determine the cause of the accident by doing their investigation
- Consult financial experts who can correctly calculate your damages
- Protect your interests by taking on the insurance company and the liable party’s lawyers
- File a personal injury lawsuit if there is a breakdown in negotiations
A lawyer can also work with forensic and accident reconstruction experts. These experts can help you show how the accident happened. This can prove that the other party was negligent.
Huntington Motorcycle Accident Lawyer Near Me 800-333-9999
Contributory Fault Laws in Huntington
You may have contributory negligence in a motorcycle accident, but that does not mean that you cannot recover damages. The liable party may also establish that there was the assumption of risk. Contributory fault law reduces the amount of damages you can recover.
A lot of insurance companies use the comparative fault system. This is because it is the most effective way of reducing the compensatory damages that injured parties ought to receive. Personal injury claims after motorcycle accidents are often worth a lot of money due to motorcyclists’ injuries.
The insurance adjuster may claim that you have a certain degree of contributory fault during the negotiation process. A Huntington motorcycle accident lawyer can ensure you do not bear an unfair degree of fault for the accident.
Motorcyclists are often viewed as reckless. This negatively affects the amount of compensatory damages you receive if you handle the claims process without legal representation.
Time Limit for Personal Injury Lawsuits
In Indiana, you have to file a claim within two years after the accident. Failure to file the claim within the set time limit can forfeit your right to recover damages.
A Huntington motorcycle accident lawyer can ensure you file your claim within the set time limit. If you have missed the deadline, the lawyer can review your case and advise you on the way forward. This is because there are exceptions that allow for the state to toll the statute of limitations.
The statute of limitations exists to help expedite the claims process. Waiting too long before making a claim exposes you to the risk that evidence may get lost. Therefore, it is imperative that one of the actions you take after a motorcycle accident is to call a motorcycle accident lawyer.
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Speak With a Huntington Motorcycle Accident Lawyer Today
A Huntington motorcycle accident lawyer can give you and your family the peace of mind you need to recover from the ordeal physically and mentally. Our lawyers work on a contingency fee basis. This means you do not have to pay any upfront fees or costs unless we win or settle your case with the liable party’s insurer.
Receive a free consultation from one of our Isaacs & Isaacs Personal Injury Lawyers by calling today.