A motorcycle accident can cause serious injuries, such as lost limbs,broken bones,traumatic brain injury (TBI) and more. The most common causes of a motorcycle accident are distracted driving, driving while intoxicated or under the influence, and traffic violations such as failing to signal or speeding.
If you’ve suffered a motorcycle accident, you probably want to seek compensation from the person who was at fault for the accident. But the question is: who? Who was at-fault for the accident? Was it just one person or multiple parties? In reality there may be just one or numerous parties that are at-fault for the accident. The list can include:
- the other person(s) driving and involved in the accident
- the manufacturer of the motorcycle
- the manufacturer of a part of the motorcycle
- the retailer that either sold or rented you the motorcycle; and/or
- the government agency that was responsible for maintenance of the road if there was a hazard present
It is important to identify the right party or parties that are responsible for the accident, so you can seek compensation from the right person or company. If you mistakenly pursue to get compensation from the wrong party who is not at fault, that can be a waste of time, energy, and financial resources.
A lawyer can help you identify the right party or parties who are at fault. They can get all the details from you, the witnesses, and examine other pieces of evidence. The pieces of evidence can include photos of the crash site, a police report, videos from security or street cameras, your recollection of what happened, and collecting data from different sources, such as eyewitnesses.
Furthermore, it is important to involve the right party who is at fault for the accident because an insurance company or a jury will examine all the evidence and make a determination. This determination of fault will lead to financial compensation for your medical bills, lost wages, property damages and/or pain and suffering. Failing to involve the right party can cause a delay in receiving compensation, or worse, a lack of compensation at all if the time to file a claim has run.
The law typically requires a determination of negligence to determine fault. Within the law of negligence, there are defenses. The most common in states are the comparative negligence defense and the contributory negligence defense. The comparative negligence defense could decrease your compensation if the defendant is able to show that you were also at fault in the accident. Thus, you’ll receive less compensation according to the percentage you were at fault. The contributory negligence defense means that if the insurance company or jury finds you are even a little at fault for the accident, you will not receive any compensation.
Thus, it is important to hire a lawyer to determine your level of fault and other parties’ level of fault, so that you may receive the correct compensation.
