It does not matter whether you are riding a motorcycle for the fun of it, as a sport, or as a transportation means; one thing is always sure, and that is that motorcycle riding is fun. However, it can be pretty risky too and can expose you to higher risks of accidents on the road.
Recent studies from the National Highway Traffic Safety Administration have shown that motorcyclists are 28 times more prone to deadly accidents than car drivers. They are also four times more likely to sustain injuries from such crashes because cyclists are often less protected than drivers on the road.
Moreover, motorcycles are less balanced than cars, making it easier for the rider to trip or lose control. The good news is that you do not have to lose everything in a motorcycle accident, especially if you have a good motorcycle accident lawyer. You can claim settlement for injuries and damages from such accidents and make the most of it!
Thankfully this article will teach you some things about motorcycle accident settlements and how to maximize yours. Please read on to discover more eye-opening information.
Top Things to Consider Before Filing a Motorcycle Accident Claim.
One must first consider some essential factors to get the most out of your accident settlement. In most cases, these factors will determine your success and how much you can make from the settlement. Some of them are listed below:
- Can you prove the other driver’s/party’s fault? This is one of the most critical factors that will determine the success of your motorcycle accident claim. So, it would be best to consider how well you can prove that the accident was the other party’s fault with adequate traffic citations. Not to worry, though; an experienced motorcycle accident lawyer can help you gather all the necessary documents for the claim.
- Was the other driver “under the influence”? Being able to prove that the other driver was under the influence of alcohol or drugs at the time of the accident can also boost your chances of winning the case and getting a reasonable settlement.
- Are your injuries or damages from the accident severe? In most cases, the severity of your injury or damages from the accident can improve the success of your settlement claim. However, you will need a specialized personal injury lawyer to help you maximize this window.
- Are you partly at fault for the accident? Knowing that you might have some faults in the accident is also crucial. Indeed, the judge will examine these faults before ruling on the case. For instance, if you were riding above speed limits when it happened, you might be held partly responsible for the accident.
You should carefully consider the situation before filing an accident claim. In most cases, the judge will consider compensation according to the percentage of your fault in the accident.
The good thing about these factors is that an experienced attorney can help you carefully consider them and decide how to get the most from each situation. So, contacting a good motorcycle accident lawyer is always best before filing for your accident settlement.
Having taken note of the above-listed factors, here are some tips to help you maximize your motorcycle accident settlement.
A Good Case Starts from the Accident Scene.
You should know that making a good case for your accident settlement does not start in the courtroom. Instead, it begins from the accident scene. This is because you have the chance to gather ample evidence you will need for the case on the scene.
So, assuming you are not fatally wounded and still very conscious after the accident, you should get to work immediately. Here are some of the things you can do at the accident scene to increase your chances of winning the claim:
Contact the police. One of the first things you should do in an ancient scene, once you have confirmed that everyone is okay and there is no more impending danger, is to contact the local police. It is essential to note that the police are crucial in determining the success of your motorcycle accident settlement claim. This is because a higher percentage of the judge’s decisions and a final ruling depend heavily on police reports.
On arrival, the police will assess the situation and interview all involved parties to make a report of what happened. This report will be critical to the success of your case in court. So, it is essential to invite the police as quickly as possible.
Check for Traffic Signs and Signals at the Scene.
Another step to having a good day in court for your settlement claim is to note the traffic signs and signals at the accident scene. Doing this will make it easier to determine the cause of the accident and whose fault it is. Check for traffic lights, stop signs, redirected traffic, etc., at the scene. Taking photographs of the scene can also help solidify your claim.
Observe if the other driver was distracted or under the influence. While you wait for law enforcement to arrive, you can monitor the other driver’s condition and behavior. Observe if they seem disoriented, intoxicated, or distracted. Noticing and reporting such behaviors might help to prove the other driver’s fault and advance your case. However, do not try to confront or challenge them.
Talk to Other Eyewitnesses and Collect their Contact Information.
First-hand testimonies from eyewitnesses can enormously help your case. So, talk to a few people who witnessed the accident and collect their contact information. This will help if there is a need to invite them to the stands.
Hire a Motorcycle Accident Lawyer.
After taking care of all the necessary things at the accident scene, the next essential thing you should do is hire a personal injury lawyer who is experienced in dealing with motorcycle accident cases. These lawyers are critical to all accident cases because it is familiar terrain for them. In addition, they already know how to navigate the legal processes for optimal results. So, they can help you organize all the details and evidence you will need for a successful claim.
Motorcycle accident lawyers will also help you handle communications with the other party’s legal team and decide the best line of action to take. Moreover, they can help evaluate the strength of your case by monitoring your damages and the situations around the accident. Most importantly, personal injury lawyers will help you put pressure on insurance companies to negotiate the best settlement.
Perhaps you have had an accident in Tampa. In that case, you should contact a Tampa motorcycle accident lawyer to help you handle the legal processes and get the best settlement for your case.
File an Injury Claim Immediately.
Always file an injury claim as soon as possible anytime you are involved in an accident. Doing this will demonstrate that you know your rights and are willing to maximize them. Also, a status of limitations requires filing your claim as quickly as possible. After filing the claim, you can then go back to arranging all the pieces of evidence you have gathered with your attorney.
Your attorney should also immediately communicate with the other party’s legal team and inform them about the claim. Doing this will help protect you from any future claim by the other party that they were not informed about your injury or damages in time.
The First Offer Might not be the Best.
Most times, even when it seems like the first offer is substantial enough to cover your damages and expenses, it is not advisable to accept it immediately. You should know that insurance companies are always looking for ways to pay you the minimum settlement they can. Well, except you can negotiate for higher settlements. This means you can still negotiate for higher settlements even though you think the first offer is enough. At this point, a personal injury lawyer’s guidance becomes crucial.
As earlier stated, your attorney can help you calculate your damages and decide on an adequate settlement. You can reject the insurance company’s offer if it isn’t up to your lawyer’s damage valuation. This will demonstrate to all involved parties that you are serious about recovering your damages. It will also indicate to the insurance company that you are ready to go to trial if necessary.
However, you should also note that declining some offers might not be in your best interest. So, it is best to be guided by an experienced bike accident lawyer.
Of course, no one wishes to be in an accident situation. However, it’s almost inevitable as we go about daily activities, especially for motorcycle riders. So, how do you get an adequate settlement for your injuries and damages when involved in an accident? This article has discussed some reliable information to help you get the most out of your motorcycle accident settlement.
Also, assuming this accident happens anywhere around Tampa. In that case, contacting a Tampa motorcycle accident lawyer would be an excellent start. At Coleman Law Group, our experts are dedicated to helping you handle all accident and personal injury cases. You can contact us today, and let’s help you maximize your motorcycle accident settlement.