Motorcycle accident cases are notorious for being extremely difficult to litigate since they are quite complex in nature. Besides their victims, the science that is involved in the motorcycle accident also has to be taken into account besides other factors that were involved as well. Most motorcyclists believe that the odds are stacked against them when they are involved in such incidents and they are judged more harshly compared to accident victims.
Determining legal responsibility in a motorcycle accident
Like most auto accidents, motorcycle accidents are judged based on negligence or who is at fault. If for instance if the one driving the motorcycle is found guilty or partially at fault for the accident then he/she will not be allowed to collect any damages. On the other hand, if the motorcyclist demonstrated comparative negligence or a degree of carelessness, then he/she can claim some damages but they will be calculated according to a particular criterion based on each party’s fault.
Some accidents involving motorcycles can also be caused by a design fault in the motorcycle itself. If this is found to be the case, then an imminent injury can be ruled and the company which designed it would be found at fault. If there is a defect in manufacturing then that means that there was a degree of negligence as the motorcycle was being assembled rendering it incapable for the road.
Whether the motorcyclist who is involved in the accident was wearing a helmet or not can also have an effect on the case. If the state they are in has a law that makes a helmet mandatory, then their failure to comply with it can prevent them from recovering damages even if they were not at fault. The amount of damages they collect will also be dependent on where they live if their failure of wearing a helmet had a part to play in their injuries.
If you are injured in a motorcycle accident, it is not relevant whether you paid for your medical coverage out of your own pocket or through health insurance. You may also have to reimburse the latter from the settlement you get for either a portion, or all of the amount that was paid for your medical treatments post accident.
In order to preserve your rights, make sure you take pictures of the damages and especially of your damaged bike. However, whether you were the victim of a motorcycle accident or caused one, the first thing you need to do is call an attorney who specializes in such cases. This will be important if your attorney or police officials are unable to come immediately to the scene of the accident.
Motorcycle Accident? – Call Attorney Javier Marcos
Hire a motorcycle attorney by calling Javier Marcos and Associates. They will be your legal representatives and will ensure you file a successful wrongful death claim. Call them by dialing 713-999-4444 / 1(800) 444-8118. Whether you were involved in the accident or a loved one, we will ensure that you get the legal aid you need for a successful case.