When other people drive negligently and recklessly, they may cause serious accidents – including severe motorcycle crashes. When a large car, SUV, or tractor-trailer hits a motorcycle, the motorcyclist will almost always suffer the most severe injuries in the crash.
A collision may cause the cyclist to fall on the ground, strike one or more body parts, and suffer debilitating and sometimes deadly injuries. Although motorcycle helmets and other protective gear can help guard against some severe injuries, they cannot prevent all of them.
If you sustained injuries in a motorcycle crash that a negligent driver caused, you should become aware of your legal options as quickly as possible. An Edmonton motorcycle accident lawyer can discuss your accident circumstances with you, develop a plan of action for your case, and pursue the monetary recovery you need for all of your accident-related losses.
Your lawyer can accomplish this goal by filing a claim with the responsible driver’s insurance company, negotiating a settlement offer, taking your case to a civil jury trial, or litigating your case at a mediation hearing or binding arbitration proceeding.
Finally, your lawyer can help you make intelligent decisions throughout your case to maximize your chances of recovering favorable monetary damages.
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Proving the Legal Elements of a Motorcycle Accident Claim or Lawsuit
In any motorcycle accident case, the injured motorcyclist has the sole legal burden of proof. Therefore, they must successfully prove several legal elements to recover monetary damages.
In most motorcycle accident scenarios, the other driver owes the motorcyclist a legal duty of care. This is because all drivers have a duty to drive carefully and safely and obey all traffic laws and regulations.
Next, the injured motorcyclist must establish that the other driver behaved negligently or unreasonably under the circumstances. Usually, this means that the other driver violated one or more traffic laws or otherwise drove recklessly. For example, the other driver might have been speeding, distracted, or intoxicated during the accident.
Furthermore, the injured cyclist must demonstrate that the accident was both a direct and foreseeable result of the other driver’s negligent behavior. Therefore, the other driver’s negligence must have been at least one cause of the subsequent motorcycle accident.
Finally, the injured cyclist must establish that they suffered at least one physical injury as a direct result of their motorcycle accident.
Satisfying the legal burden of proof in a motorcycle accident case is difficult, and insurance companies will not do you any favors when it comes to successfully satisfying your legal burden of proof. Instead, the insurance company is your direct adversary.
To help you satisfy your legal burden of proof, an experienced motorcycle accident lawyer can retain one or more experts in your case.
First, your lawyer can retain an accident reconstructionist on your behalf. Accident reconstructionists are experts who can review the available evidence in the case, including police reports and witness testimony, and piece together how a particular motorcycle accident happened.
A qualified accident reconstructionist can also serve as an expert witness in your case – especially if the other driver’s insurance company is disputing fault or liability for the accident.
Next, your motorcycle accident lawyer can retain a medical expert to testify on the witness stand in your case. Medical experts may be healthcare providers or other medical professionals who physically examine you and offer opinions about your medical condition.
For example, a medical expert can establish that you suffered at least one permanent injury in your accident, meaning that your injury is unlikely to recover with time. In addition, a medical expert can establish, based on a reasonable degree of medical certainty, that your injury or injuries are directly related to your motorcycle crash.
A motorcycle accident lawyer can help satisfy your legal burden of proof and recover the monetary damages you deserve following your motorcycle crash.
Ways that Motorcycle Accidents Frequently Happen
Motorcycle accidents are usually the direct result of another driver’s reckless or careless behavior.
First, some motorcycle crashes happen in heavy traffic when drivers fail to follow basic traffic laws.
For example, other drivers might fail to yield the right-of-way to a motorcyclist at the proper time, speed around a motorcyclist, tailgate the cyclist, fail to use their mirrors, or fail to use their turn signals when switching lanes in traffic. All of these activities may catch a motorcyclist off guard, bringing about a severe accident that is not their fault.
Alternatively, motorcycle accidents sometimes result from other drivers’ road rage. This is because many drivers are in a hurry to get ahead of other traffic and will resort to various reckless driving maneuvers, including tailgating cyclists, cutting them off in traffic, and speeding.
However, in these situations, the other driver may inadvertently cause their vehicle to strike a motorcyclist, dislodging the cyclist from their seat and causing a severe accident.
Motorcycle crashes may also occur when people drive under the influence of alcohol or drugs. The blood alcohol concentration (BAC) cut-off for passenger vehicle drivers in Alberta is 0.08 percent. However, a much more stringent policy applies to minor drivers who are under 21 years old, as well as commercial drivers.
When drivers are per se intoxicated, they are far more likely to cause a severe traffic accident, including one that involves a motorcycle. Drunk drivers frequently experience dizziness, blurred vision, limited concentration, and delayed reaction time.
Consequently, the driver may not observe a motorcyclist in the vicinity, or they may negligently lose control of their vehicle, causing it to hit a motorcyclist. Alternatively, they may experience delayed reflexes that prevent them from stopping their car in time to avoid hitting a cyclist.
Finally, some motorcycle accidents happen when drivers fail to attentively watch the road and their mirrors. For example, a driver might be programming a GPS navigation system, looking at their cell phone, or paying attention to vehicle passengers instead of watching the road closely.
Unfortunately, these activities may take a driver’s eyes and mind off the road and prevent them from seeing a nearby cyclist.
If you recently suffered injuries in a motorcycle crash caused by a negligent driver, you should speak with experienced legal counsel immediately. Your motorcycle accident lawyer can lay out all of your legal options and help you choose the option that best suits your case and your individual needs and preferences.
Types of Motorcycle Crashes that Result from Others’ Negligence
When a negligent driver causes their vehicle to hit a motorcyclist, several different types of accidents may occur.
One of the most common types of motorcycle crashes is a rear-end accident or tailgate accident. This type of accident occurs when the front of another vehicle hits the rear tire of a motorcycle. Often, the force of this collision knocks a motorcyclist off their bike and onto the ground, causing them to suffer severe injuries.
Another common type of motorcycle accident is a broadside, or T-bone, collision. These accidents can happen at four-way traffic intersections and near highway merge lanes, where the front of another vehicle strikes the side of a motorcycle.
In some cases, the collision causes the motorcycle to overturn completely, bringing about serious head injuries and sometimes fatalities.
Another common type of motorcycle accident is a head-on collision. In this accident scenario, the front of another vehicle strikes the front of an on-coming motorcyclist. These accidents are the most likely to cause fatal injuries, especially when both vehicles are traveling at high rates of speed.
Finally, a sideswipe motorcycle accident is common in busy highway traffic, where the side of another vehicle hits the side of a motorcycle. In some cases, a sideswipe accident pushes the motorcycle entirely off the road.
If you sustained injuries in one of these motorcycle crashes, a knowledgeable motorcycle accident lawyer is ready to help you. Your lawyer can assist you with each component of your case, including settlement negotiations and litigation in court.
Filing a Successful Motorcycle Accident Claim
A skilled motorcycle accident lawyer in your area can help you file a claim seeking the monetary damages you deserve for your injuries. The claims-filing process begins when your lawyer submits a settlement demand package to the reviewing insurance company.
This demand package will include copies of pertinent medical records, investigation documents, injury photographs, property damage photographs, and other relevant information. The insurance company will then use these documents to evaluate your case.
During negotiations, the insurance company will likely make you one or more settlement offers. However, you should never accept the first settlement offer the insurance company puts on the table. Instead, your lawyer can help you negotiate fair settlement compensation after several rounds of negotiations.
If the insurance company does not compensate you fairly, your lawyer can file a lawsuit in court on your behalf and resolve your case at a litigation proceeding, such as a civil jury trial, mediation session, or binding arbitration proceeding.
Pursuing Financial Recovery for Motorcycle-accident Injuries
A motorcycle accident claim or lawsuit aims to maximize the monetary compensation that an injured cyclist receives for their injuries. Insurance companies for at-fault drivers make this an uphill battle.
In fact, insurance companies will do everything they possibly can to undervalue a motorcycle accident claim and avoid paying the accident victim favorable monetary damages. Insurance companies may even blame the injured cyclist for their own accident and injuries.
If the injured motorcyclist can establish the legal elements of their claim, they can recover various types of monetary compensation. Your motorcycle accident lawyer can aggressively negotiate with insurance company representatives, highlight pertinent medical records, and argue for fair financial compensation on your behalf.
Some common types of economic damages that motorcycle accident victims can recover include compensation for:
- Lost income, if the accident victim had to miss time from work
- Loss of earning capacity, if the accident victim’s injuries prevent them from working in the same field or at the same job
- Mental distress and emotional trauma
- Loss of the ability to use a body part
- Loss of enjoyment of life
- Loss of spousal consortium
- Past and future pain, suffering, and inconvenience
- Permanent disfigurement or disability
Your motorcycle accident lawyer can let you know which damages you may be eligible to recover in your personal injury claim or lawsuit. Your lawyer can then set about maximizing the compensation you receive and pursuing the maximum damages you deserve.
Talk to a Motorcycle Accident Lawyer in Your Area Today
Sometimes people make the mistake of thinking that their accident case is simple and straightforward and they do not need the help of an lawyer.
This is nearly always faulty thinking.
Insurance companies are large organizations with vast resources and teams of lawyers working for their interests and not yours. If you recently suffered injuries in a motorcycle accident, you are not alone.
A strong and aggressive Edmonton personal injury lawyer experienced in motorcycle accident cases can immediately start investigating your accident circumstances and pursuing the monetary recovery you deserve to recover for your injuries.
Your lawyer can aggressively negotiate with insurance company representatives on your behalf and pursue litigation in the court system if that step becomes necessary.
Finally, if your case must go to a civil jury trial or binding arbitration proceeding, your lawyer can aggressively represent you, introduce evidence on your behalf, and argue for the highest possible monetary award in your case.
Negligent driving can cause a motorcycle accident in an instant but change your life for weeks, months, or even years. You deserve full compensation for your losses and the effects of your injuries, though this is not simple to obtain. Seek the legal assistance you need as soon as possible.
