LEXINGTON MOTORCYCLE ACCIDENT ATTORNEY

Many of the causes of motorcycle crashes may be attributed to lack of experience or failure to appreciate the inherent operating characteristics and limitations of the motorcycle, according to the National Highway Traffic Safety Administration. A motorcyclist has to practice defensive driving at all times, because motorists may not see them.

About one-third of multi-vehicle motorcycle crashes are a result of other motorists turning into the path of the motorcycle. Motorcyclist must also be cautious when riding in inclement weather, on slippery surfaces, or when encountering obstacles on the roadway.

The Investigation

During the investigation, your attorney will collect evidence to help demonstrate that the other party’s negligence was responsible for causing the crash. A driver may be acting negligently if he or she:

• Swerves in front of a biker;
• Cuts off a motorcyclist at an intersection;
• Exceeds the posted speed limit;
• Fails to yield when appropriate;
• Tailgates;
• Drives under the influence;
• Turns left into a motorcyclist’s path; and
• Fails to be aware of their surroundings.

Your attorney may gather proof of the other party’s negligence by:

• Reviewing Lexington police reports and photographs;
• Collecting witness statements;
• Establishing you followed all motorcycle regulations;
• Analyzing medical reports with medical experts to establish your injuries and how they were most likely sustained; and
• Recreating the crash with the assistance of accident re-creationist specialists.

Evaluating and Determining Damages

In handling your motorcycle accident lawsuit, your attorney will determine the types of compensable damages you sustained as a result of the accident, and the amount of compensation you will need to cover your losses. Damages include, but are not limited, to the following:

• The cost of medical treatment for injuries;
• Lost wages, if the victim is temporarily or permanently unable to continue working;
• Property damages, such as the cost to repair or replace the motorcycle;
• Pain and suffering; and
• Punitive damages.

Creating a Claim and Negotiating for a Settlement

Once your attorney has completed this investigation, he or she will review the information as a whole and create a claim on which your lawsuit will be based. Using your claim, your attorney will approach the other party and their insurer in an attempt to reach a settlement before a lawsuit is officially filed with the court.

If negotiations are unsuccessful, your attorney will file your claim with the court, beginning the official lawsuit process. Generally, while preparing their cases for trial, the parties will engage in further settlement negotiation in an attempt to keep the case from going to court. However, our lawyers in Lexington are experienced trial attorneys, and we are prepared to go to court to try and get you the fair compensation you need if the settlements offered before trial are insufficient or unfair.

If you or a loved one has been injured in a motorcycle accident, you may have legal options. To learn how our Lexington motorcycle accident attorneys may be able to help you recover compensation for your losses, fill out our free case evaluation form today.