The Role Of A Motorcycle Accident Lawyer - Responsibilities, Benefits, and Skills
The period immediately following a motorcycle accident can be incredibly stressful and overwhelming for those involved. Instead of being able to focus on healing and recovery, individuals find themselves confronted with medical bills, surgical needs, prescription costs, lost wages, lost earnings, and persistent calls from insurance companies that do not have their best interests in mind. Although seeking legal representation can be incredibly beneficial during this time, many people are unaware of what a motorcycle accident lawyer can actually do for them.
The truth is, having a skilled motorcycle accident lawyer on your side can make all the difference in the outcome of your case. Without representation, you may receive a lowball settlement, or no compensation at all for the damages you have sustained. Therefore, if you have been injured in a motorcycle accident that was not your fault, it is crucial that you seek the help of a lawyer as soon as possible to hear of the many ways the lawyer will benefit your case.
On this page your learn what a motorcycle accident lawyer does to personal injury victims and the many benefits or having the attorney, along with their role in assisting you in pursuing a claim against the liable motorist.
What a Motorcycle Accident Lawyer Does For Injured Riders
It is the role of a motorcycle accident lawyer to help you navigate the complex legal process and fight for the compensation you deserve from the motorist liable for causing your damages. Here are some specific things a a motorcycle accident attorney will do to assist you in your case.
Explain Your Rights
Many individuals who become victims of motorcycle accidents are often unfamiliar with the legal process involved. It is common for them to feel overwhelmed and unsure of where to begin. During this time, it is crucial to seek guidance from a knowledgeable and experienced lawyer. Your lawyer can provide you with valuable support and ensure that you fully comprehend your legal rights and the specifics of your case.
In the state of Texas , if you have been injured due to someone else's negligence, you have the right to seek compensation for the harm you have suffered (as stated in Chapter 41 of the Texas Practices and Civil Remedies Code). This means that you have the legal right to file a personal injury claim with the at-fault party's insurance company or pursue a lawsuit against them to receive compensation for your damages.
Provide Legal Guidance
Navigating the legal and insurance jargon involved in a motorcycle accident case can be overwhelming and confusing for most people. In addition, dealing with the insurance company can be challenging, as they may use tactics to gather information to use against you or offer low settlements.
However, having a motorcycle accident lawyer by your side can provide you with professional guidance throughout the legal process and ensure that the insurance company doesn't take advantage of you. They will advise you not to accept the first settlement offer, provide statements, or sign anything from the insurance company without consulting them first. Your lawyer will ensure that every step you take is in your best interest and not detrimental to your case.
By allowing a motorcycle accident lawyer to handle the legal aspects of your case, you can focus on receiving treatment, recovering, and being with your loved ones after the accident.
Build Your Case
If you've been in a motorcycle accident and are planning to file a claim with the at-fault driver's insurance company, you need to gather evidence to establish:
The motorcycle accident occurred and caused your injuries.
The at-fault driver's negligence resulted in the accident.
You suffered damages due to the motorcycle accident.
A motorcycle accident lawyer can help you collect and organize all the necessary information to build a robust insurance claim. This includes gathering photos from the accident scene, obtaining copies of reports, taking eyewitness statements, and obtaining medical records. Their primary objective is to demonstrate the cause of the accident, establish who was at fault, and hold the responsible party accountable for your damages.
Moreover, your lawyer will wait until you've reached maximum medical improvement (MMI) before filing your claim. This is the stage where you've recovered as much as possible with medical treatment. By waiting until you reach MMI, your lawyer can accurately calculate your total damages, including both past and future medical expenses. Once your lawyer has gathered all the relevant evidence, they will compile it to build and file your claim, increasing your chances of obtaining the compensation you deserve.
Determine The Cause
One of the most important things a motorcycle motor accident attorney does for riders injured in accidents is to determine liability by investigating the factors that contributing in causing the the accident. Some of the common factors involved in bike accidents include the following.
Distracted drivers - Because motorcycles are smaller than other vehicles, they can be difficult to spot on the road. A driver who is distracted by their phone or passengers can easily collide with a motorcycle and cause an accident. These unsafe motorists often cause head-on collisions, roll-over incidents, and fatal accidents.
Drunk drivers - Operating a vehicle under the influence of alcohol or drugs is a severe offense and poses a significant risk to all drivers on the road.
Aggressive drivers - Drivers who lack patience may become hostile with other vehicles on the road, creating dangerous situations.
Traffic violations - Speeding, unsafe lane changes, blind spots, sudden stops, left turns, failure to yield, failure to abide by traffic signals, and failure to adjust driving patterns in increment weather are some of the many traffic rule violations that cause collisions with motorcycles.
Defective parts - Motorcycle accidents may also occur due to defective parts manufactured by the bike company. A faulty part can cause a rider to lose control and lead to a devastating accident.
Road hazards - Road hazards, such as potholes, cracks, and gravel, can be hazardous for motorcyclists, potentially causing accidents.
A sudden motorcycle accident can occur in a split second, leaving victims uncertain about the cause of the crash. Even if you were operating your motorcycle safely, you may find yourself hit by another vehicle out of nowhere, and rushed to the hospital with no time to understand what went wrong.
Our team of motorcycle injury lawyers is dedicated to investigating the circumstances surrounding the accident and determining who is responsible. We will conduct a thorough analysis of the crash to identify the at-fault party and their actions that led to the collision. Additionally, we will assess who is liable for compensating you for your injuries. Typically, the driver who caused the accident is held accountable, but there may be exceptions. For example, if the driver was on the job, their employer could be held responsible. Likewise, if the accident was caused by a defect in a vehicle or its parts, the manufacturer could be held accountable.
Help You Obtain Medical Care
A motorcycle accident lawyer can guide you to the appropriate medical specialists who can provide treatment and serve as reliable witnesses in case your case goes to trial. It's important to have medical professionals who can not only help you recover but also testify in court and describe the long-term effects of your injury. Generally, the attorney will have access to a network of doctors that includes orthopedics, neurologists, plastic surgeons, rehabilitation therapists, and more.
Some of the common injuries requiring additional medical treatment include:
Road rash
Muscle, tendon, and ligament injuries
Bone fractures
Degloving injuries
Dislocated joints
Leg and foot injuries
Chest and abdominal injuries
Back injuries, such as herniated or slipped disks
Spinal cord injuries
Nerve damage and paralysis
Traumatic brain injuries
A motorcycle accident and injury law firm may, in certain instances, also employ medical professionals that interprets the medical records obtained from your doctors and serve as an intermediary between you and your medical team. This can ensure that you receive the best possible care for your injuries, and can effectively represent your personal injury case with thoroughness and professionalism.
Quantify Your Damages
A motorcycle accident lawyer quantifies a client's damages by assessing various factors that have resulted in the injury and harm. The compensation a victim can recover for their losses may vary depending on the severity of the accident and the extent of the injuries sustained. Here are some of the ways that a motorcycle accident lawyer may quantify a client's damages:
Medical expenses: A motorcycle accident lawyer will consider the cost of medical treatment, including emergency care, hospitalization, doctor visits, surgery, medication, and physical therapy. They may also take into account the cost of future medical care if the injury is permanent.
Lost income: If the victim missed work due to the accident, a lawyer will evaluate the wages they would have earned during that period. Additionally, if the victim's injuries have impacted their ability to work in the future, the lawyer may calculate their lost earning capacity or disability-related costs.
Property damage: If the motorcycle or any other property was damaged in the accident, a lawyer may consider the cost of repair or replacement, along with the rental car fees you've incurred.
Pain and suffering: A lawyer may assess the victim's physical pain and emotional suffering, including the extent and duration of the suffering, and quantify it into monetary damages.
Loss of enjoyment: If the victim is no longer able to participate in activities they enjoyed before the accident, such as sports or hobbies, the lawyer may include this in the damages calculation.
Typically, a motorcycle accident claim that involves severe or catastrophic injuries will have a higher value compared to a minor injury claim. Furthermore, fatal motorcycle accidents are generally worth more than those resulting in catastrophic injuries. The amount of compensation awarded by a jury will depend on the extent of the victim's injuries and the impact they had on their life. In the event of a settlement, an insurance company will consider tangible damages, such as medical expenses, to determine the claim's value. By utilizing proven legal strategies during negotiations, a Los Angeles motorcycle accident attorney can help you obtain the maximum financial recovery possible.
Negotiate for a Fair Settlement
When you file your insurance claim, the insurance company will review it and respond. The insurance company might respond with an offer, but it’s usually a lowball amount that doesn’t come close to covering your damages. The insurer might try to make it seem like a good deal (or the best you can get)—but with a lawyer on your side, you’ll know better.
A motorcycle accident lawyer will know how to deal with the insurance company and understands the value of your personal injury case. They will work to negotiate a settlement amount that is actually fair to you based on your damages. Because riders often suffer severe injuries, the attorney will oftentimes create a policy limits demand seeking the full insurance coverage amount held by the liable motorist. The attorney also understands the average broken ankle settlement amount, traumatic brain injury recovery, cervical fusion settlement and similar, and can ensure that your recovery is in-line with the amount you are entitled to based on your damages.
Take The Case To Trial
When it comes to motorcycle accidents, a majority of cases are resolved through settlements, particularly when the victim hires a skilled lawyer. However, there are instances where insurance companies may not agree to a reasonable settlement. In such scenarios, your attorney may suggest taking legal action.
Throughout the legal process, your lawyer will provide you with comprehensive representation. They will make every effort to negotiate a favorable settlement before proceeding to trial. While many cases are settled at this stage, your lawyer will fight vigorously to safeguard your rights in court, if necessary.
If you've been involved in a motorcycle accident and need legal assistance, seek the services of an experienced attorney who can help you navigate the complex legal system and secure the compensation you deserve.
Speak to a motorcycle accident lawyer from Sneed & Mitchell LLP about your unique motorcycle accident claim today. You don't have to worry about consultations and there is no obligation to hire the firm. The aim for an experienced motorcycle accident attorney in the free case consultations is to help you understand your rights as a victim and guide you on how to proceed after such a traumatic event. Dial (866) 434-0014 to speak with a motorcycle attorney today!
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