The nature of injuries from motorcycle accidents compared to those from vehicle accidents is evidently much more serious. Depending on how severe the injuries you sustain are, the fact that you have been in an accident gives you a reason to file a lawsuit. Regardless of how serious you feel your injuries are, it is important to speak to a motorcycle accident attorney before you start pursuing compensation. Apart from the fact that they are skilled and experienced cases of a similar nature, they will help you to identify parties that should be sued, the damages that can be compensated and time limitations in view of the jurisdiction of an accident. A motorcycle accident case when you are not at fault may seem pretty straightforward; sue the other road user! It is, however, not always this simple because a lot more parties can be responsible for an accident even if not physically present.
The laws governing awarding of damages to accident victims differ from one state to the other, but the bottom line of what they strive to achieve is to restore a victim’s financial, mental and psychological state prior to the accident. While it might not be possible to completely remove the pain a victim of a motorcycle accident is feeling (not to mention the disfiguration that is associated with these accidents), the monetary compensation should be sufficient to cover therapy, medical intervention, and reconstructive surgery if possible. Motorcycle accident attorneys are aware of the legal implications of causing grave body harm to someone else and the main agenda when representing clients is to ensure that the party responsible for causing an accident is punished. Successful lawsuits are those that fairly find fault for harm to another, and it is these guilty parties or their representatives, who will be tasked with compensating the victim.
Think about the role that the following people might have played to cause the accident you are in before you sue for damages;
Other road users – to maintain order on the roads, there are very clear traffic rules that must be observed by all parties. Most accidents happen when road users do not stick to these regulations or make wrong miscalculations regarding speed and distance. Taking time to think about the sequence of events leading up to an accident will help to pinpoint the actual responsible party. In places where video surveillance is available, it can be easier to establish the actions of the motorcycle rider and drivers involved to establish fault. An experienced motorcycle accident attorney will be best suited to know which cases are worth the time at court and which ones to settle.
Manufacturers – the analogy of injury or damage to property as a result of machine malfunction is not new. Entire pieces of equipment or components have been known to fail, resulting in serious damage to property and loss of life. If there is evidence to indicate that there was a faulty component in the motorcycle or the driver of the vehicle that caused the accident lost control of their car due to a mechanical fault, the manufacturer must be held accountable. In most cases where manufacturers are faced with lawsuits, it is not uncommon for other suits to emerge against them, so such cases require a high degree of proof. Often, manufacturers will recall equipment if they identify a fault in their operation before an accident has occurred. A motorcycle accident attorney will seek to establish any measures taken by the manufacturer to correct equipment malfunction before slapping a suit on them.
Dealers – dealers are the middlemen between manufacturers and their customers. Any safety information whether new or old coming from the manufacturer must be relayed to the users promptly. The motorcycle dealer, for instance, is not only responsible for servicing motorcycles but repairing defects as they arise. While product liability may be a manufacturing problem, the nature of the fault that led up to an accident will determine if the dealer was in a position to correct it.
State departments – aspects of an accident such as the state of the road, warning signs for obstacles and alerts for constructions works or other indicators are the responsibility of the government. If a motorcycle accident occurred because of the poor state of road infrastructure or neglect by government officials, they should be the recipients of the law suit. Taking the government to court is no mean feat, and in most cases, a law suit against state authorities is difficult to navigate. If it has been established that the government is responsible for the accident, a case to that effect must be prepared early, and it is best if a seasoned motorcycle accident attorney handles it.
A lot of time and effort will be saved if the guilty party to an accident is identified before seeking compensation for damages as a result of an accident involving a motorcycle. To establish guilt, the attorney must go through police records, review statements made by witnesses, analyze photos taken right after the accident, and seek expert opinion. While it is not uncommon for more than one party to be responsible for an accident, strong cases are formed when a single responsible party is identified for prosecution.