Motorcycle Accident Injury Claims
If the motorcyclist was not at-fault, they may be able to seek damages from the party negligent in causing the crash. While motorcyclists are not covered by PIP insurance, they are also not bound by its restrictions. Injured riders are not limited in the damages they may seek to compensate for their losses, including damages for pain and suffering.
Motor vehicle accident claims involve PIP insurance—which requires the injured party to pass an “injury threshold” to be able to pursue compensation from the negligent party—and do not allow for the recovery of pain and suffering damages. Motorcyclists do not have to pass an injury threshold to seek compensation for damages, which may include medical costs, lost wages, and pain and suffering.
After an accident, your attorney may contact the negligent party’s insurance company to negotiate a settlement for costs incurred as a result of the accident. He or she will leverage information collected to recover compensation for your expenses. If negotiations with insurance companies are unsuccessful or unsatisfactory, you may be able to pursue legal action against the negligent party with the help of your attorney.
Motorcycle accidents lawsuits fall under the category of personal injury, which in turn is based on the theory of negligence. In other words, your attorney will have to prove that the other driver in the accident was at fault because he or she failed to exercise a reasonable standard of care. In order to do so, your attorney will conduct an investigation to learn more about the incident, including whether the other driver followed traffic laws, paid attention to his or her surroundings, was driving under the influence etc.
In some cases, a defect in your car, or the other party's car, could have led to the accident. In these cases, you may be able to file a lawsuit against the manufacturer of the car or its parts to recover compensation for your injuries. In these circumstances, the attorney will have a conduct an investigation to study the car and determine whether it had any defects prior to the accident. He or she will work alongside forensic experts to determine whether:
- The defective motorcycle or part was “unreasonably dangerous”
- The motorcycle was being operated as intended
- The motorcycle’s performance had not changed since its initial purchase
Some examples of what defects you may be able to file a product liability case for are defective tires, brakes, accelerators, and defective fuel systems.
If you have lost a loved one in a motorcycle accident, you may have recourse to recover compensation through a wrongful death lawsuit. An attorney
can help the family of the deceased prove the negligence of the other driver was the cause of the victim’s death.