While it is cheaper for many motorcyclists seeking compensation as a result of an accident to self-represent, the simplicity of the process will depend on the willingness of the insurance company to pay and the insurance regulations enforced in specific states. If you do not have prior experience in handling an insurance claim of this nature, it may be frustrating as well as confusing. This is why it is highly recommended regardless of the level of confidence you have in your ability as a civilian to represent yourself in legal proceedings, to seek advice from an experienced motorcycle accident attorney.
Many people base their angle of claim on what they know about other similar cases. That is a wrong approach! Why?
Each motorcycle accident is different in a variety of aspects and this leads to a variation in the nature of damages sort and compensation offered. Hiring an attorney who is specialized in this area is your best bet for getting adequate compensation for your loss and going through the process with ease. It may be obvious to everyone else that you are seriously injured but this will not deter most insurance companies from legally arguing their way out of paying for the piling medical expenses. Sounds cruel? It is but it is also important to remember that insurance companies are not in business to help you but rather to protect the interest of their clients.
How to analyze a case before calling in the experts
The next time you find yourself or a family member in a motorcycle accident, an accident attorney should be top on your agenda of things to do. Most attorneys and legal firms will offer a cost-free case review as the first step in establishing the viability of a court ruling in your favor. Before you engage a legal team, establish the cause of the accident from an objective perspective because accidents due to negligence will put you squarely on the wrong side of the law. It is justifiable to file a claim in court for;
- Other party’s mistakes
An accident caused by a speeding driver – it is easy to establish the speed at which a driver was driving prior to an accident versus the set limit for a certain stretch of road. Most city roads today have video surveillance that is very useful a forensic evidence when the need arises. While the speeding driver might have had a good reason for exceeding the speed limit, the court will only be interested in the fact that they broke the law.
An accident as a result of distraction – one of the first lessons motor vehicle drivers receive in driving school is that they should clear their minds off everything else when they are behind the wheel. Talking on the phone, texting and even a sudden urge to reach out for something are great distractions that could be fatal not only to the driver but other road users as well.
An accident as a result of disobeying traffic laws – traffic rules are there for a reason; to regulate traffic and bring order on the roads. If a driver decides, for whatever reason to run a red light or deny other road users right of way, it means that all the other drivers coming after them and road users, in general, will get into a panic and the result could be an accident.
- System failure of a motorcycle
When you purchase a motorcycle, what is most important to you is that the bike takes you from point A to B and works properly. If you lack the mechanical know-how to identify systemic defects in a bike, it may be a while before you encounter them and sometimes this happens after an accident has occurred. If it is established that the motorbike had a fault unknown to you and not caused by you, then you are eligible for accident compensation.
All the above scenarios must stand the scrutiny or the jury and court process as a whole. The only person who has the technical experience and procedural requirements on what needs to be done is a motorcycle accident attorney. The very good ones have accident reconstructionist, product warranty experts, traffic engineers and other crucial industry players in consultation to build a court case that provides all the facts of the accident hence validating the claims.
Who is more likely to be a victim of a motorcycle accident?
The belief that motorcycle accident victims are always on the wrong is common when an accident happens and this may be the reason why many insurance companies are quick to dismiss such cases. Data from a recent CNN report shows that men are particularly prone to accidents as riders with the highest number of accidents recorded among men of between 45 and 54 years old.
If you have never had a motorcycle accident as a rider, you might just be the next victim seeking justice from the court system. With the help of an attorney, you are not only empowered to claim for benefits but also for the distress caused by a careless road user.