Were you involved in a motorcycle accident? If you were, one of the first things you should do is find an experienced legal representative after a trip to the hospital.
Liability, negligence, and other concepts are key when filing a claim. You can learn more from these motorcycle accident lawyers about important legal concepts. Through this article, you’ll understand why you need to have a lawyer by your side to navigate the process of filing a claim.
Establishing Liability
Liability designates who is responsible for the accident. Establishing liability is crucial because the party who caused the accident is responsible for paying damages and medical bills. However, liability isn’t always clear-cut, especially in accidents that involve several vehicles.
A motorcycle accident lawyer can help identify what happened and determine who is responsible for the accident and who should pay the damages.
Comparative Negligence
Sometimes, two or more people can share liability for an accident. For instance, a motorcyclist made a mistake by failing to signal a turn, but the motorist who hit him was texting or driving above the speed limit.
Comparative negligence applies when individuals share the blame for an accident; however, the degree of liability matters.
In most states, a person who is more than 50% responsible for an accident won’t be able to seek compensation from the other party. The other party might receive reduced compensation to reflect their degree of involvement in causing the accident.
Hiring an experienced motorcycle accident lawyer is essential because your legal representative can help dispute your degree of responsibility, resulting in a larger payout or saving you from having to pay damages if your comparative negligence falls below the 50% threshold.
Documenting What Happened
When negotiating with an insurance company or filing a court case, evidence is crucial for proving what happened and who is responsible for the accident.
The details of a motorcycle accident can feel hazy after the fact. An attorney will know how to collect documents and other evidence to support your claim.
Your legal representative can track down the police report for the accident, contact witnesses, and reach out to nearby businesses to see if they captured the event with their security cameras.
Your attorney will also help with keeping track of medical records and other documents that prove the extent of the damages sustained.
Negotiating With an Insurer
Insurance companies will sometimes try to settle for less. They can argue the degree of comparative negligence or fail to acknowledge the full extent of the damages or injuries sustained.
A lawyer can make a difference by gathering strong evidence that proves the full extent of the damages or injuries you sustained. They can negotiate on your behalf, and hiring a legal representative can be enough to show that you’re serious about obtaining fair compensation, resulting in a more significant offer from the insurer.
If an insurance company denies your claim, your lawyer can help with the process of appealing the decision.
Representing You in Court
There are a few situations where you might have to file a court case for your motorcycle accident. You should take the case to court if you sustained severe injuries or a loved one died due to the accident.
You might also have to go to court if establishing liability is challenging, if the insurance company isn’t cooperating, or if you were a hit and run victim.
Your motorcycle accident attorney will gather all the necessary evidence for the case and represent you in court. They can make strong arguments to convince the judge or gain the jury’s support if applicable.
Conclusion
Dealing with the aftermath of a motorcycle accident can be stressful and challenging. You can make things easier by hiring an experienced motorcycle accident attorney who will help you obtain fair compensation by negotiating with the insurer of the responsible party.
A lawyer can also help establish liability, file an appeal, or represent you in court if necessary.
