What if you are putting along on a motorcycle with your best friend when, all of a sudden, they lose control of the vehicle and you end up in a terrible accident? This could be the case at any given time, where motorcycle accidents are actually quite prevalent as any accident. The fact of the matter is that you may be able to recover personal injury damages from any parties involved, including the driver of the motorcycle, a product company that made faulty equipment, or somebody from another vehicle that caused the accident. Injured passengers are usually never found to be at fault. Now you can find out more about how to recover from these significant cases.
What Happens if the Motorcycle is the Only Vehicle Involved in the Accident?
This could make certain matters very obvious when dealing with your case. For instance, your claim will almost always be against the motorcycle operator in this case. You, the person bringing the claim must be able to prove who was at fault (also known as liability) and how badly you were injured (damages). If it is proven that the motorcyclist acted negligently, then you will probably win the case.
But what happens if you were involved in a two-vehicle motorcycle accident? If this is the case, then you will generally file claims against both the motorcycle operator and the other car involved unless it is completely clear that only one of the operators caused the accident.
What Should You Do After the Accident?
You should always proceed to get the names and contact of any witnesses who saw the accident take place. You should also try to gather as many pictures for evidence as possible. This could include pictures of the accident scene, vehicles involved, and various angles of the accident. If you do not have a phone or camera with you able to take pictures, you should ask anybody else at the scene if they do so you can use them to take photos. Calling the police from the accident scene is also a good idea. They will make an official police report on the matter that can be issued to you containing information on who might have been at fault and what injuries you sustained.
So, What Are the Parties Who May be Found Negligent?
- The Motorcycle Operator: If a motorcycle operator was being negligent, it could take many forms such as speeding, improper lane change, failing to use headlamps, improper turning, and failing to properly maintain or repair the motorcycle.
- Driver of Another Vehicle: One of the most common causes of motorcycle-vehicle collisions is failure by other drivers to properly observe motorcycles. If another driver has hit you, they could be found liable for your injuries.
- Negligent Repair, Design, or Manufacture: Mechanical breakdowns can be to blame in a motorcycle accident. However, there may be many entities responsible for these breakdowns, which you will need help determining.
- Roadway Defect: Motorcycles are susceptible to roadway defects, even more so than cars and trucks are. This means that potholes, bridge seams, and asphalt surfaces can cause a motorcycle to be involved in an accident at any time, taking you with it (Landers).
How Do I File a Claim in a Motorcycle Accident?
You would file a claim much like how you would file a passenger injury claim in a car accident. You must find out the insurers of all operators involved and file claims with them immediately. If you or the motorcycle operator believes that the accident happened due to a motorcycle part defect, then you will want to find out more about products liability. You might also proceed to file a Personal Injury Protection claim if you live in a no-fault state (Goguen).
The best thing that you can do in a situation like this is to talk to an experienced attorney that has your best interest at heart. This is why it may be a good idea to call Welebir | Tierney and speak to an attorney with the experience you are looking for. If you were injured as a passenger in a motorcycle accident, this is your best bet at receiving the compensation you rightfully deserve. Call and find out more today!
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