Motorcycle Accident
An Overview Of Motorcycle Accident Lawsuits- Protecting Riders' Rights
Riding a motorcycle can be hazardous to your health. The statistics support this. Motorcycle riders are eight times more likely to be injured in an accident, and 35 times more likely than car drivers to die in an accident, according to the National Highway Traffic Safety Administration (NHTSA). Because there is little protection between the rider and the open road, injuries tend to be severe, with brain and spinal damage, broken bones, and soft-tissue injuries being the most common.
As with other accidents resulting in personal injury, an injured rider will have to prove that the injuries sustained were a result, either partially or fully, of the negligence of the other party involved in the accident if they intend to seek compensation for their damages. Additionally, depending on the state and your insurance policy, you may be able to receive compensation for your damages even if you were at fault for the accident.
Simply put, it is not necessary to establish who was at fault to receive compensation for your damages, if your insurance has a no-fault benefit provision. However, insurance companies sometimes need to be reminded not to drag their feet, and hiring an attorney often offers the right level of motivation needed.
If involved in a motorcycle accident, and injuries resulted, you may be entitled to receive compensation for damages such as past and future lost wages, past and future medical expenses, and pain and suffering. In cases where alcohol or drugs contributed to the accident, you may be awarded punitive damages as well.
The statute of limitations for filing a motorcycle accident lawsuit varies from state to state and depends on the cause of action. If you are filing a wrongful death lawsuit on behalf of a loved one who died because of a motorcycle accident, the statute of limitations may be less in comparison to a lawsuit filed for injuries sustained. For example, in Minnesota, you have six years from the date of an accident to file a lawsuit for injuries sustained. If you are filing a wrongful death lawsuit, that filing period is reduced to two years. Therefore, it is best to contact an attorney as soon as possible regarding your options.
