On top of the severe and lasting injuries they can produce, the legal issues that often follow motorcycle accidents can be incredibly complex. Between the inherent difficulties in the determination of civil fault and the implicit bias insurance companies and other drivers some have against bikers, many factors could play an unfair part in any such case.
A Somerville motorcycle accident lawyer knows these factors well, as well as how to deal with them. Furthermore, a seasoned personal injury attorney could also know how to deal with insurance companies and the court system to get injured individuals the compensation they may deserve. En Español.
When another driver on the road causes a motorcycle accident as opposed to the motorcyclist themselves, the injured rider may be able to file a lawsuit against that at-fault driver. In order to do this, though, the motorcyclist must be able to prove that the accident was the other driver’s fault.
All drivers and motorcyclists owe a duty of care to other motorists on the road. This duty requires them not only to obey traffic laws and signals but also to ensure they are doing everything possible to keep everyone else safe.
If this duty of care is breached by the other party in an accident, an injured motorcyclist may have a valid lawsuit against that driver. However, proving that breach can be difficult, particularly when a prospective plaintiff is trying to recover from their injuries.
A Somerville motorcycle accident lawyer could visit the scene of an incident to collect physical evidence, gather medical documents that may indicate how the accident occurred, and take statements from eyewitnesses. Depending on the circumstances, all of this could potentially be used as evidence to prove that another driver was at fault.
Somerville operates under no-fault rules in most auto accident cases. This means that when a wreck occurs between two or more vehicles, each driver must go through their own insurance company in order to claim accident benefits. However, these rules do not apply to motorcycle accidents, which makes these cases even more complex.
While they have the option to do so, insurance companies in Somerville are not required to provide personal injury protection insurance to motorcyclists. Those that do offer this type of insurance may offer a very low settlement to an injured motorcyclist in order to reduce the settlement’s total value and save money.
Many motorcyclists accept their insurance provider’s first offer, happy to get anything at all, but a Somerville motorcycle accident attorney could speak to the insurance company on the motorcyclist’s behalf to ensure they receive a fair settlement. Even when the insurance company offers a settlement, an injured motorcyclist may still file a personal injury lawsuit against the at-fault party.
Because injuries after a motorcycle accident can be so severe, the initial insurance settlement may not be enough to cover the cost of those injuries. A lawsuit could help with this, but any compensation awarded may be reduced by the amount of insurance benefits already received.
Just as insurance companies may, unfortunately, bring their own biases to a case, the courts may do so as well. If you are injured in a motorcycle accident and would like to file a lawsuit against an at-fault driver, contact a Somerville motorcycle accident lawyer right away to ensure your rights are respected and upheld.
An attorney could represent you throughout your entire case, speak to the insurance company on your behalf, and work hard to get you the full amount of compensation you deserve. To get started on your case, call today to set up a consultation.