What if I Am Partly to Blame for My Motorcycle Accident?

What if I Am Partly to Blame for My Motorcycle Accident?

Although riding on a motorcycle can be thrilling, accidents can occur. You may be entitled to compensation if injured in a motorcycle accident caused by someone else's fault. However, the case may be different if you're partly to blame.
Insurance companies may also attempt to shift blame by claiming you're partly at fault for the crash. You may lose your right to compensation or accept a low settlement offer if you commence settlement negotiations without legal aid.
A motorcycle accident attorney can investigate the circumstances of the crash, advise you on your legal options, and protect your interests in the claim.

Who Is at Fault in a Motorcycle Accident?

Although you may be entitled to compensation in a motorcycle accident, you must demonstrate the liability.
The following parties may be responsible for a motorcycle crash:

The Motorcyclist

In some scenarios, the motorcyclist may bear partial or complete responsibility for the accident. Factors such as reckless driving, speeding, or failure to follow traffic laws can cause the collision.
A motorcycle accident attorney can rely on traffic camera footage, eyewitnesses, or an accident reconstruction expert to establish the liable party.

Other Motorists

Often, the negligence of other drivers on the road can lead to motorcycle accidents. Instances of distracted driving, failure to yield, or driving under the influence can significantly impact the safety of motorcyclists.
Establishing fault in such cases requires a thorough investigation to determine the actions of all involved motorists leading up to the accident.

Manufacturers and Mechanics

In some instances, motorcycle accidents can be attributed to defects in the vehicle itself. Poor design, faulty manufacturing, or inadequate maintenance can all contribute to accidents that result in severe injuries or fatalities.
A motorcycle accident lawyer can gather evidence that they can use to pursue compensation from the liable manufacturer or mechanic.

Road Authorities

Poor road conditions, inadequate signage, or improper traffic management can cause catastrophic motorcycle accidents. Government agencies or road authorities responsible for maintaining safe road infrastructure may be liable if their negligence directly contributes to a collision.
There are specific rules for pursuing compensation from a government agency, including submitting a notice of claim. A motorcycle accident lawyer can guide you on the legal steps of seeking compensation from the at-fault party.

Shared Fault in Motorcycle Accident Claims

You may question whether you are partly to blame for the accident. It's essential to remember that determining fault in a motorcycle accident is a unique process, influenced by various factors such as road conditions, weather, and the actions of other drivers.
The shared fault principle varies from one state to another. Generally, if you're partly at fault for an accident, the value of damages you can obtain in a claim reduces by the extent of your responsibility.
It doesn't mean you'll be fully responsible for the losses if you're partly at fault for an accident.
If you share some of the fault in a motorcycle accident, a skilled motorcycle accident attorney can share insights on the next steps. They can provide legal support in obtaining evidence and demonstrating that you're not entirely responsible for the accident.
Working with a knowledgeable motorcycle accident lawyer can build a strong case that considers all aspects of the accident and seeks a fair resolution.

What Evidence Do You Need to Prove Fault in a Motorcycle Accident Claim

You must prove the negligent actions of the at-fault party to obtain compensation for your losses.

Here are different types of evidence you can use to prove a motorcycle accident claim:

• Witness Statements: Eyewitness accounts are invaluable in reconstructing the accident and determining fault. These statements can provide additional perspectives and details supporting your version of events.
• Police Reports: Official police reports document the details of the accident, including factors like road conditions, weather at the time of the incident, and any citations issued. A motorcycle accident attorney can rely on the report's findings to initiate a strong claim against the at-fault party.
• Photographs and Videos: Visual evidence, such as photographs of the accident scene, vehicle damage, skid marks, and traffic signals, can offer valuable insights into how the accident occurred. Additionally, videos from nearby surveillance cameras or dash cams can clearly depict the events leading up to the collision.
• Medical Records: Medical documentation of your injuries, treatment received, and prognosis is essential in linking your injuries to the accident. A motorcycle accident lawyer can rely on medical records to establish the extent of your damages and the impact the accident has had on your life.
• Accident Reconstruction: In complex cases where fault is disputed, a motorcycle accident lawyer can rely on the findings of an accident reconstruction expert. These professionals use scientific principles to analyze the evidence and recreate the sequence of events leading to the accident.

Compensation for a Motorcycle Accident

If you find yourself involved in a motorcycle accident where you might share some fault, it helps to understand your potential compensation. Motorcycle accidents can lead to a range of damages, and knowing your rights can make a significant difference in your recovery process.
Here are a few damages to consider in your compensation claim:

Lost Income

If the accident leaves you unable to work, you may be compensated for the income you have lost during your recovery period. These damages can include income from missed workdays, bonuses, and any future earning potential impacted by the accident.

A motorcycle accident attorney can rely on the following types of evidence to prove your claim:

• Tax returns
• Pay stubs
• Bank statements
• A letter from your employer
• Client letters

If you're partly to blame for the crash, a motorcycle accident lawyer will ensure complete documentation of your losses to maximize your settlement value.

Medical Expenses

You may incur medical expenses if you suffered an injury in a motorcycle accident. Compensation for medical expenses can cover hospital bills, surgeries, rehabilitation, medication, and any future medical treatments related to the accident.

Out-of-Pocket Expenses

Beyond medical bills, you may have additional out-of-pocket expenses resulting from the accident, such as transportation to medical appointments, home care services, or medical equipment.
Out-of-pocket expenses can quickly add up and cause financial disruption. A motorcycle accident attorney can pursue compensation for these losses to enhance your recovery efforts.

Pain and Suffering

The physical and emotional pain experienced after a motorcycle accident can be debilitating. Compensation for pain and suffering aims to provide financial relief for the physical discomfort, emotional distress, and overall decrease in the quality of life caused by the accident.

Emotional Anguish

If the events leading to the motorcycle accident were traumatic, you may experience emotional anguish. Similarly, discovering you'll be permanently disfigured may trigger emotional distress in a motorcycle accident victim.

Compensation for emotional anguish recognizes the psychological impact of the accident, including anxiety, depression, Post-traumatic stress disorder(PTSD), and other mental health issues that may arise.

A motorcycle accident lawyer understands the potential impact of emotional anguish on a victim's life. They can also establish the value of damages associated with emotional damage and pursue compensation through a personal injury claim or lawsuit.

Loss of Consortium

You may be entitled to loss of consortium damages if the accident resulted in the death of a loved one. Loss of companionship damages a family member for the loss of emotional support, everyday interactions, and intimacy that comes from a close relationship.

These damages acknowledge the strain on personal relationships caused by the accident.

Loss of Enjoyment of Life

A motorcycle accident can significantly impact your ability to engage in activities you once enjoyed. For instance, limb loss can hinder your ability to participate in football, your favorite hobby.

Compensation for loss of enjoyment of life considers the limitations imposed by the accident on your hobbies, social life, and overall well-being.

Permanent Impairment

You may be entitled to compensation if a motorcycle accident results in permanent disability or disfigurement. Compensation for permanent impairment aims to provide financial support for the long-term consequences of the accident. 

These damages cover ongoing medical care, adaptive equipment, and lifestyle adjustments. A motorcycle accident attorney can rely on medical records, a specialist's report, and a doctor's notes to prove the losses associated with permanent disability.

Punitive Damages

In situations where the at-fault party's actions were particularly reckless or negligent, a judge or jury may award you punitive damages. As the name suggests, punitive damages punish the at-fault party for their careless actions.

They also deter the defendant and others from engaging in similar activities that caused the accident or injuries.

Is It Worth Getting a Lawyer for a Motorcycle Accident?

Many motorcycle accident victims obtain compensation from the insurer of the at-fault party. In other instances, some injured victims cope with the losses without financial support. However, you can enhance the outlook of your claim by working with a motorcycle accident lawyer.

A knowledgeable motorcycle accident lawyer will be your strongest ally in the claim process, enhancing your chances of success.

Here's why you should work with a motorcycle accident lawyer:

Establishing the Value of Your Damages 

The ability to recover from injury-related losses depends on the settlement value you obtain from your motorcycle accident claim. A motorcycle accident attorney understands the potential impact of injury-related losses and the applicable damages to your claim.

They will gather evidence and accurately value your damages so you receive a fair settlement value for your losses.

Adhering to Legal Timelines

All legal cases, including motorcycle accident claims, have applicable deadlines and timelines. Many states apply the statute of limitations, a window that prescribes the time an injured victim has before initiating a lawsuit.

For instance, in Missouri, injured victims have two years from the date of the accident to file a claim. An experienced motorcycle accident lawyer understands these timelines and will work diligently to ensure that all necessary paperwork is filed promptly. 

Working closely with a motorcycle accident attorney will ensure adherence to legal timelines and preservation of legal rights.

Negotiating With Insurance Providers

Dealing with insurance companies can be a frustrating and time-consuming process, especially when you are recovering from injuries. Further, insurers try to take advantage of injured victims by making low settlement offers that don't cover their losses.
A motorcycle accident lawyer will evaluate all settlement offers in relation to your injury-related losses. They will also advise you whether to accept or reject a settlement offer. Most importantly, they will use their excellent negotiation skills to push for a higher offer that covers your losses.

A motorcycle accident attorney can also handle all communications with the insurance providers on your behalf. The presence of a motorcycle accident attorney can relieve you of the stress of dealing with adjusters and allow you to focus on your recovery.

Representing You in Court

In the event that your case goes to trial, having a skilled motorcycle accident attorney can make a difference. They will advocate for your rights in court, presenting evidence, cross-examining witnesses, and making persuasive arguments on your behalf. 

Representation from a skilled motorcycle accident attorney significantly increases your chances of achieving a favorable outcome in a courtroom setting.

Contingency-Fee Basis

One of the most appealing aspects of hiring a motorcycle accident attorney is that they typically work on a contingency-fee basis. This means that you only pay legal fees if your attorney successfully recovers compensation on your behalf.

The contingency-fee arrangement makes legal representation accessible to accident victims who may be facing financial constraints in the aftermath of their ordeal.

Discover Your Legal Options from a Trusted Motorcycle Accident Lawyer

You may endure various losses, including hefty medical bills and pain and suffering after being injured in a motorcycle accident. Even so, being partly to blame can affect your ability to recover compensation for your losses.

You should, therefore, work with a truck accident attorney who can guide you during the investigation and documentation process. Even if you're partly to blame for the crash, they will work hard for you to obtain a fair settlement value for your losses.

Get in touch with a trusted motorcycle accident lawyer for legal guidance. Contact us!