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Motorcycle Accident: How to Determine Who Owes You
19 Jun 2022
Motorcyclists are exposed to all the dangers of the road when they ride. There is a 29-fold higher risk of death in an accident for motorcyclists compared to passengers in cars.
When disaster strikes, it is important to consult experienced motorcycle accident attorneys. Their expertise is crucial for a host of things, like
- Determining liability
- Estimating compensation
- Dealing with insurance companies
- Negotiating for an out-of-court settlement
- Representing you in court in a trial
This article talks about the first aspect, determining liability. Read on.
Parties in a Motorcycle Accident Case That You May Sue
Driving safely and without causing harm to others is the responsibility of every driver. If someone was not being careless when the accident occurred, you cannot sue them for damages.
A party may be held liable for damages if they breach a legal obligation and cause a motorcycle accident.
Liability is determined by following the elements of personal injury law. They are mentioned below:
- Duty of care: The at-fault party owed a duty to act responsibly.
- Breach of duty of care: The at-fault part failed in the duty to act responsibly.
- Causation: The failure was the cause of the accident.
- Damages: The accident caused physical, emotional, and property damage.
Any of the following parties could be considered the liable party in a motorcycle accident case.
Another Driver
Another motorist is usually the at-fault party in a motorcycle accident. A driver of any vehicle, be it a truck, bus, or another motorcycle rider, may fall under this category. The motorist is liable if their conduct resulted in the collision, even if they did not intend to cause it.
In a motorcycle accident caused by another driver, the initial course of action is usually to file a personal injury claim with their auto insurance provider. If you are unable to reach a settlement through a claim, you may then choose to file a lawsuit against the other motorist.
Motorcycle Parts Manufacturer
A motorcycle that malfunctions, whether due to a manufacturing or design flaw, is dangerous by nature. In light of the situation, you might be able to file a lawsuit against the distributors, designers, engineers, and even the motorcycle’s assembly team, in addition to the parts manufacturer, for negligence.
The Dealer of the Motorcycle
You might be able to sue the dealership for damages if they knew there was an issue with the motorcycle but still decided to sell it.
Governmental Authorities
You might be entitled to compensation if your accident was caused, in part, by poorly maintained roadways. You have to prove that the government intentionally disregarded the safety of the people who use the roads. The statute of limitations for filing a claim is usually around one year. It is recommended to contact a lawyer, as certain government agencies have immunity against legal action.
Why is Hiring a Motorcycle Accident Attorney Essential?
If you don’t have legal representation, the insurance company will probably agree to fix your bike and cover your medical expenses. However, a motorcycle accident causes a lot more damage than just medical expenses. Your attorney will ensure that lost income, pain and suffering, and other losses are included in the final compensation as well.
Ultimately, hiring a motorcycle accident attorney means that you will have a strong advocate fighting for your rights. With their assistance, you can get compensation to get back to your pre-accident life.
