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When Should You File a Motorcycle Accident Lawsuit?

Most riders know that they meet a much higher threat of injury than passenger vehicle occupants and that the loss they might suffer in a crash is possible to be much more extreme.

By smithpatrickPublished 2 years ago 3 min read
Dallas Motorcycle Accident Lawyer

That’s why most motorcyclists keep the safety of themselves and others in mind. However, despite their most reasonable efforts to dodge a crash, motorcycle riders can drop victim to other drivers’ negligence.

If you or a loved one suffered extreme or catastrophic injuries in a motorcycle accident, you might have the chance to file a lawsuit against the other driver. Other parties may hold full or partial responsibility for the accident in some cases.

If you can confirm the careless acts of one or more of these entities caused the crash, the faulty party can get sued in a Dallas Motorcycle Accident Lawsuit.

  • Common Causes of Motorcycle Accidents
  • There are some common causes of motorcycle crashes:
  • A motorcycle driving off the road
  • Sideswipe crashes, where a passing vehicle hits a motorcycle
  • Motorcycles rear-ending other automobiles
  • Other vehicles running in the opposite direction take a turn in front of a biker
  • Motorcycles slipping on the roadway
  • Bikers overtaking in the same direction another motorcycle while the driver is turning right
  • Motorcycles being rear-ended by another vehicle
  • Common Injuries in Motorcycle Accidents
  • Some common injuries motorists may suffer:
  • Blunt concussion to the chest and abdomen
  • Brain damages
  • Spinal damages and paralysis
  • Traumatic limb amputations
  • Shattered bones
  • Road rash
  • Burns

Insurance Claims Often Cover Motorcycle Accident Lawsuit Settlements

Many states use a fault or tort approach, in which the driver liable for causing the accident covers the victims’ losses. While some states need the party with immediate responsibility for the crash to cover 100% of the damages, others use a shared responsibility approach, in which a victim may obtain a consolidated compensation amount if they hold partial accountability for the accident.

In states that need drivers to have no-fault insurance, each driver must pay for their injuries with their insurance policies, which generally include at least personal injury protection (PIP) and property damage liability (PDL). While drivers who have no-fault insurance do not have to stress about accidents caused by uninsured drivers, no-fault states usually restrict the power of the victim to sue in a motorcycle accident claim.

How To Prove Your Claim With The Help Of Lawyers?

To sue someone in your Dallas Motorcycle Accident Lawsuit, you must first prove that the party holds fault for causing the accident due to their carelessness. Establishing oversight involves revealing that the defendant’s movements meet explicit criteria, so you may find it useful to pursue the help of a lawyer to help you establish each of the components, which include:

Duty of care: The party or the driver had a responsibility to take reasonable care to defend your safety.

  • Breach of duty: The party breached that duty and put you in harm’s route.
  • Causation: You suffered an injury because they failed to oblige their duty of care.
  • Damages: Your damages led you to incur substantial financial harm.

Verdicts and Motorcycle Accident Lawsuit Settlements

Motorcycle accident verdicts and compensation may vary extensively depending on the unique details of the matter, but it’s not distinctive for accident victims to acquire millions.

In 2018, Southern California Gas Co. recompensed a motorcycle injury lawsuit for $46 million, according to the Insurance Journal. A business driver suffered a stroke and slammed into a motorcyclist halted at a red light.

The biker, United States Air Force Captain Jason Lo, was wedged under the truck and pulled for more than the distance of a football field.

The 30-year-old victim lost nearly half his blood supply, almost lost his leg, and needed several surgeries.

At the moment of the accident, the at-fault driver was having seizures nearly once a week and had been cautioned by a physician not to drive.

Conclusion

From inattentive driving to drowsy driving to driving while under the influence, shifting your attention from the road for even a second can drive you to a crash.

You can consider filing Motorcycle Accident Lawsuit for misery and suffering settlement against the at-fault driver of the vehicle may be the car or truck that induced the collision for both noneconomic losses harms to pay you for your pain and economic losses.

You can also file one for due and overdue No-Fault advantages against the auto insurance enterprise that has not paid on your lawsuit.

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