What Does a Motorcycle Accident Lawyer Do?
Motorcycle accidents can be a traumatic and life-altering experience. If you or someone you know has been involved in a motorcycle accident, it is important to understand the role of a motorcycle accident lawyer and how they can help. In this blog, we will explore the duties and responsibilities of a motorcycle accident lawyer, and why it is crucial to have one on your side in the event of an accident. Whether you are facing medical expenses, lost wages, or insurance companies that are not on your side, a motorcycle accident lawyer can be your advocate, ensuring that your rights are protected and that you receive the full range of legal compensation you deserve.
Don't settle for less. If you were injured in a motorcycle accident through no fault of your own, seeking legal representation is crucial. Our experienced lawyers at Sneed & Mitchell LLP are here to help. Schedule a free consultation by calling (866)434-0014 or contacting us online.
What Is A Motorcycle Accident Lawyer?
A motorcycle accident lawyer is a type of personal injury attorney who specializes in representing individuals who have been involved in motorcycle accidents and have suffered injuries or damages as a result. These attorneys typically evaluate the circumstances surrounding the crash and provide legal advice to their bikers on all aspects of a claim, such as damage caused by another motorist's negligence, medical payment costs for any physical or mental injuries, action taken against an insurance company, and compensation for lost wages from time away from work. Motorcycle accident attorneys also often handle wrongful death claims in cases where fatal injuries were sustained to bikers. An experienced lawyer that handles bike claims also helps negotiate settlements with insurers and represent their client in court if litigation is deemed necessary.
What A Motorcycle Accident Lawyer Does
A motorcycle accident attorney is a type of personal injury attorney who specializes in representing individuals who have been involved in motorcycle accidents and have suffered injuries or damages as a result. The attorney's primary role of a motorcycle accident lawyer is to help the client recover compensation for their losses.
The specific duties of of the attorney include:
Investigating The Crash Scene
A motorcycle accident attorney plays a crucial role in investigating an accident scene and gathering evidence to support their client's claim.
The attorney may visit the accident scene to gather additional evidence and observe any physical conditions that may have contributed to the crash. A detailed analysis of evidence found on the surface of the roadway often includes skid marks, tire tread, scrapes, scratches, and gouges from caused by the bike or other motor vehicles. Attorneys also search to determine the visibility of traffic signals and other traffic hazards experienced by those involved. The attorney may also take photographs or videos of the scene to document the evidence.
The attorney will use this information to gain a preliminary understanding of the circumstances surrounding the accident.
Reviewing The Police Report
Motorcycle accident attorneys review police reports as part of their investigation into the cause of a motorcycle crash. The police report can provide valuable information about the circumstances surrounding the accident, such as the location, time, weather conditions, and any statements made by witnesses or involved parties.
However, it is important to note that the police report does not actually determine liability for the crash. While the police officer who writes the report may make observations about who was at fault, this determination is not legally binding.
Liability for a motorcycle crash is determined based on the evidence and facts of the case, such as witness statements, physical evidence, and the testimony of experts. The police report is just one piece of evidence that can be used to support the case, but it is not the final say in determining who was at fault for the accident.
Filing Insurance Claims
Once an attorney purchases or receives a copy of the certified police report they can then file all applicable insurance claims to begin coverage investigations. In most cases, the first claims filed are against the liability policy of the driver responsible for the accident. Motorcyclists are often hit by commercial drivers, such as Amazon delivery vans, Ubers, Lifts, or tractor-trailers. Companies are required to carry generally liability insurance, which allows the bike rider to obtain the same array of economic and non-economic damages. However, multiple parties can actually be held responsible for a motor vehicle accident, including construction companies if the crash was caused by a hazardous road condition or poor road design, or a government entity responsible for maintaining the road. To maximize your recovery the attorney will determine the array of insurance benefits available to you based on how the accident occurred.
Speaking With Insurance Adjusters
In the aftermath of a motorcycle accident, insurance companies are often quick to scrutinize the rider in an attempt to minimize their own financial liability. This can be a daunting experience for accident victims, who may be dealing with serious injuries, emotional trauma, and financial stress. For these reasons, it can be helpful to have an attorney handle communications with the insurance adjuster on your behalf.
A few additional ways attorneys can help you deal with an insurance claim includes:
Controlling the flow of information so that the insurance company does not belittle your claim
Supervising and helping fortify the statements that you provide the adjuster
Appearing with you in the recorded statement if the attorney decides to allow one
Talking with the insurance company on your behalf to prevent any mishaps
An experienced motorcycle accident attorney has the knowledge and skills necessary to protect your rights and interests throughout the claims process. They understand the tactics that insurance companies use to shift blame onto riders and can anticipate their arguments before they are made. This can help ensure that you are not unfairly blamed for the accident, and that you receive the full and fair compensation you deserve for your damages and injuries.
Hiring Accident Reconstruction Experts
Motorcycle accident attorneys often hire accident reconstruction experts in cases that involve disputed liability. Accident reconstruction is a complex process which requires the adept application of different scientific and technical principles to source, analyze, and draw meaningful conclusions from physical evidence. The procedure draws upon mathematics, physics, engineering materials science as well as human factors and psychology in order to gain insights into why an accident happened or how it could have been avoided – no matter what type of crash occurred. Ultimately this practice helps us understand the mechanisms behind accidents so we can work toward reducing their frequency
Negotiating for a Fair Settlement
The attorney's primary goal in negotiating a settlement is to secure a fair and reasonable outcome for you. In motorcycle accident cases the attorney will often file a police limits demand, seeking the coverage limit of the at-fault. In order to achieve this outcome, the attorney will gather and quantify all past and future financial, medical, therapeutic, and rehabilitation needs of a plaintiff and then strategize to reach an agreement that maximizes their client's recovery. The attorneys is always prepared to present any required evidence and arguments to support their client's position and demonstrate the strengths and weaknesses of the case.
In some cases, the motorcycle attorney may also consider alternative dispute resolution methods, such as mediation or arbitration, to reach a settlement more efficiently. The attorney must always consider any potential risks and consequences associated with going to trial, and weigh these against the potential benefits of reaching a settlement.
Filing A Civil Lawsuit
If the case cannot be fully resolved at the pre-litigation stage, the motorcycle injury attorney will initiate a lawsuit. The legal process begins with filing a petition and waiting for a response from the law firm retained to represent the insurance company extending benefits to the negligent motorist. During the discovery phase the attorney will request key evidence from the opposing party, such as the driver's text messages, driving records, dashcam, and anything else deemed important to the case. The court often encourages parties involved to attempt an additional resolution outside of trial through mediation or settlement conferences. Generally, after depositions the parties will discuss dates for mediation.
Negotiate Your Medical Liens
When someone suffers damages through no fault of their own, insurance providers are there to help cover the costs. But for all that support, insurers expect equal action; if another person or entity is at fault and financially liable, they will reclaim those funds via subrogation – a process by which an insurer can pursue compensation on behalf of their policyholder in civil lawsuits. Health insurance claims are often pursued this way: when injury strikes due to third-party negligence or recklessness, health care bills may be covered but then recovered back from whoever was responsible - essentially allowing both parties access to necessary coverage without too much financial burden!
Representing You in Court
In your bodily injury claim is not resolved, the attorney will present the victim's case to the judge and jury, cross-examining witnesses, and making arguments on behalf of the victim. Before the trial begins, the attorney will prepare exhibits, witness statements, and their trial strategy. Then from the opening statement the attorney will begin providing facts of the case and explaining why you are entitled to compensation.
Review Your Subrogation Rights
When bike riders suffers damages through no fault of their own, health insurance providers are there to help cover the costs. But for all that support, insurers expect to be able to reclaim those funds through a subrogation action from the liable third party. Your attorney will work to ensure that the liens of your health insurance providers are adequately handled, which prevents you from being subjected to collection actions against your settlement or jury award.
The Benefits of Hiring A Motorcycle Accident Lawyer
When you decide to hire a motorcycle accident and injury lawyer, you gain access to their extensive knowledge and experience in the field of personal injury law specific to bikers. These lawyers have a thorough understanding of the laws and regulations surrounding your specific case and can provide you with valuable advice on the best course of action to take. With a lawyers understanding a rider's perspective they can also help you understand your rights and options, and advocate for full value of your personal injury case.
Lawyers skilled at representing motorcyclists lawyers also possess exceptional negotiation skills that can be especially beneficial when dealing with insurance companies or other parties involved in your case who may attempt to take advantage of your limited knowledge of the law. The lawyer can work to ensure that any settlement offers are fair and just for all parties involved, and they will strive to secure the maximum compensation for your injuries or losses.
Managing the complex legal paperwork associated with a personal injury case can be both time-consuming and confusing, especially if you are unfamiliar with the process. Your attorney can handle all the necessary paperwork and ensure that no detail is overlooked or forgotten, which speeds up the process and allows you to focus on recovering from your injuries.
Prioritizing Your Well-Being
In the aftermath of an injury, the last thing you should be concerned about is the legal steps you need to take. Riders often suffer catastrophic injuries, such as road rash, fractured sternums, broken bones, crush Injuries, amputations, and similar, result him long recovery periods. An experienced personal injury lawyer can help alleviate the stress by handling the legal aspects of your case while you focus on recovering from your injury. They will review all aspects of your claim, including medical bills and insurance claims, and work diligently to secure full compensation for your losses.
Handle Your Case On A Contingency Fee Bases
Motorcycle accident lawyers often offer their legal services through contingency fees, often referred to as 'no win, no fee' arrangements. This fee model help ensure motorcyclists are properly represented in court and potentially receive financial awards that they otherwise would not have access too; the lawyer only collects payment if successful.
Get Representation from Sneed & Mitchell LLP
No bike riders should have to endure the pain, suffering, and financial burden that can result from someone else's negligence. If you have been injured as a result of someone else's careless actions, it is important to seek legal counsel from a seasoned professional like Sneed & Mitchell LLP. With years of experience, Sneed & Mitchell LLP can provide expert advice and guide you through the complex legal process so that justice is served efficiently and effectively. Don't hesitate – contact Sneed & Mitchell's Motorcycle Accident Lawyers today for more information about how he can assist you with your case.