Can I Sue Someone Personally After A Motorcycle Accident? | 24/7 Support
You may sue someone after a motorcycle accident to recover damages. You must prove that they were responsible for the crash and, thus, all related injuries. It is also vital to file your case within the statute of limitations in your state.
Suing the at-fault party allows you to avoid paying for medical care and property damages out of pocket. Besides, this may help you prevent financial straining and restore some normalcy in your life. If you’re wondering, “Can I sue someone personally after a motorcycle accident?” Issacs & Issacs Personal Injury Lawyers may be able to help.
How Do I Sue Someone for a Motorcycle Accident?
You can sue someone personally after a motorcycle accident that caused injuries. For that, you must prove the four elements of a claim. These are a duty of care, breach of that duty, causation, and damages.
Proving the first element—a duty of care—requires showing that the other motorist was responsible for your safety. After that, provide evidence for the breach by indicating they did not observe precautions to protect you. You may show they failed to signal a turn or drove beyond the speed limit.
Other aspects that may show a breach of duty of care include:
- Ignoring road signs
- Failing to yield
- Driving under the influence of drugs
- Driving a faulty vehicle
- Failing to secure luggage
The next step after proving breach is showing that the other party’s actions caused the accident. For example, you may provide a video indicating that the driver caused you to crash after failing to signal a turn.
Once you have enough evidence for causation, gather proof connecting the incident to all the injuries you claim. Present images of vehicle damages and physical injuries taken at the scene. Further, provide a police report detailing the harm each party sustained.
What Damages Can I Recover After Suing Someone for a Motorcycle Accident?
Suing another party for a motorcycle accident allows you to recover damages. For example, you may receive reimbursement for the wages and income you lost due to injuries and missing work. The settlement amount can also include compensation for medical expenses.
- Emergency care
- Rehabilitative therapy
- Home nursing care
- Medication and assistive devices
Another damage you may seek after a motorcycle accident is pain and suffering. This aspect includes anguish and distress caused by the incident and related effects. Claiming pain and suffering can help you recover compensation for various non-economic impacts of the accident.
- Physical pain
- Fright or anxiety
- Loss of life quality
A motorcycle accident may affect your mental health, leading to conditions like depression and PTSD. When filing a lawsuit, you may seek compensation for such injuries based on their severity and the expected treatment cost. More damages you may claim are property destruction and wrongful death of a loved one.
Which Evidence Do You Need for a Motorcycle Accident Lawsuit?
One piece of evidence needed when suing another party for a motorcycle accident is a police report. This document will include formal statements that may support your case. It will also prove the damages you sustained and provide essential witness information.
Another document you will need for a motorcycle accident lawsuit is a medical report. Contact the doctor you consulted after the incident for a copy of this file. Undergo medical tests to determine if there are other injuries the physician should include in the document before presenting it in court.
More proof you may use for your case include:
- Images of sustained injuries
- Video surveillance of the accident
- Recorded witness statements
- Reports by forensic experts
- Images of skid marks
If your motorcycle sustained damages due to the accident, you must prove this to get compensation. Use a report by your mechanic to show the extent of the damages. Additionally, support the claim with repair receipts and images of the motorcycle after the accident.
Can I Be Liable for Motorcycle Accident Injuries?
Yes. You may be liable for motorcycle accident injuries if you also contributed to the crash. If you did not yield, causing another motorist to hit you, you may not get compensation. It is always vital to determine the party at fault by investigating your case before filing a lawsuit.
This will help you avoid losing the case if the court determines you were liable. It also allows you to evaluate your percentage of fault and sue the other party for their contribution to the accident.
If you are partially liable for a motorcycle accident, you can still file a lawsuit and recover damages. However, the court will reduce the settlement amount based on your level of fault.