Statistics show that in 2018, nearly 5,000 motorcycle drivers died in fatal traffic accidents. More received minor and major injuries.
Because motorcycles are smaller and less stable, it is more vulnerable to hazards on the road compared to cars. A pothole, an open car door, carcass of dead animals, slick pavement conditions, and other objects on the road can cause an accident.
However, one of the most common causes of motorcycle accidents is head-on collisions. Most of the time, the car strikes the motorcycle from the front. Although less frequently, the car crashing to the motorcycles rear end also happens.
Whenever head-on collisions, it is often fatal for the motorcycle driver. Or the motorcycle driver will receive serious injuries.
If you or your loved one has been involved in a major motorcycle accident, can you sue?
Who is at Fault?
Although a motorcyclist is at a disadvantage when they share a road with larger vehicles, whether you can ask for compensation for the damage or injury depends on the legal concept of negligence. Consult a reputable motorcycle accident attorney to see if you have a case in your hands.
On the road, every driver has to follow the rules and regulations to keep each other safe. If a car has rear-ended your motorcycle while waiting for the green light at a crossroad, then you can claim that the other party was negligent and, therefore, you can ask for reparations. However, if you cannot prove that the driver of the car was negligent or you know that you are at fault, then you cannot force them to pay for damages.
Sometimes, it is neither party’s fault. The motorcycle could have a defect that is unknown to you and has caused an accident that left you with serious injuries, the blame can be attributed to the manufacturer. Your claim will only be valid if you can prove that there were defects in the design or the manufacturing of the vehicle that pose danger to the driver.
What You Can Get
If you know that you are not at fault and you have strong evidence that the other driver was negligent, then you can go ahead and file a claim. In addition to the damage that your motorcycle gained, you can ask to be compensated for the medical bills you have incurred from the treatment of your injuries. Make sure to keep copies of all the records and bills from hospital visits. The more significant or severe the injury, the higher you the amount you can get.
You can also ask that the culprit pays for the pain and suffering you have experienced due to the accident. If you, for example, have to miss work while you recuperate at a hospital or at home, you can ask for lost earning. Add all the income and employment benefits that you missed from being out of work and the other party would pay.
If due to the accident, your injuries have prevented you from ever coming back to work, you can also ask for future lost earning capacity. This is more difficult and, typically, you have to hire an expert in the economy to calculate it. Your future lost earning capacity is based on your annual income (prior to the accident) combined with the number of years you were expected to work. You also have to account for inflation which makes the task of calculating future lost earning capacity challenging.
Talk to an attorney about the accident. Ideally, you should look for someone who has experience with vehicular accidents to back you up. The initial consultation is usually free and you can strike a deal with the firm to give them a percentage of your claim once you have collected it.
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