Many Americans choose motorcycles as their main way of getting around for a variety of reasons. Motorcycles are compact, have better fuel efficiency than most cars, and are just plain fun to ride. Indeed, many motorcyclists say that they feel a more immersive driving experience when compared to driving along in an enclosed motor vehicle. Unfortunately, that different experience comes at a cost. Motorcyclists are more exposed than people in cars, trucks, and SUVs, so when accidents happen, motorcyclists are often badly injured and in need of intensive medical care. When a motorcycle crash happens, you may not know what to do or what is going to happen next.
Luckily, we can assist you. Our legal team has handled many motorcycle accident claims, so we understand what it takes to pursue a successful lawsuit for injuries you got in a motorcycle accident. Let us handle the legal issues while you focus on recovery and getting back to living your life.
For a free case review from our motorcycle accident lawyers, call Howe Law at (844) 876-4357.
Who Can I Sue After a Motorcycle Crash in Biloxi, MS?
A very important decision that needs to be made early on in the legal process is what parties you are going to hold accountable for your injuries. Under the US legal system, you can only get damages from parties that actually caused your injuries, so you need to be specific about who you are filing against, or you will likely lose in court. Some of the parties you can hold liable for your injuries include:
Drivers
In accidents involving multiple vehicles, you will almost always want to include any driver who injured you in your claim. Drivers who speed, drive drunk, or otherwise ignore traffic laws and rules can easily cause accidents due to their negligence.
Motorcycle Companies
If there is a problem with your motorcycle that leads to an accident, you may be able to sue the motorcycle company for a defective product. Motorcycles can have defects that are either inherent in their design or mistakes made during the manufacturing process. Some examples of defects you could sue a motorcycle company for include the use of substandard materials, inherently dangerous designs, or poor quality control.
Repair Shops
If a problem with your motorcycle stems from a botched repair or maintenance job, you can sue the repair shop or other location that worked on your bike. For example, if you take your motorcycle in to get your brakes changed and the repair shop screws it up, you can later sue that shop if you get in an accident and the brakes fail to work.
Damages in Biloxi, MS Motorcycle Accident Cases
Courts compensate injured plaintiffs who prove that the defendant is liable for their injuries through damages. This is how the court attempts to try to revert things to how they were prior to the accident taking place. Damages will virtually always take the form of financial compensation, though courts will also make rulings that require the defendant to take certain actions in addition to paying the plaintiff.
Compensatory Damages
The bulk of your damages in a motorcycle accident lawsuit will likely fall under the category of “compensatory damages.” These damages are meant to “make you whole” after your accident through financial compensation.
The first thing that probably comes to mind in terms of making the plaintiff whole again is compensation for medical expenses because of the motorcycle accident. Indeed, you can get damages based not just on the initial emergency treatment you received but also on follow-up and longer-term care such as physical therapy. You can also be compensated for lost income due to your injuries. “Lost income” can mean a couple of different things. First, if you took time away from work to recover and were not earning anything, you can get damages based on what you would have earned were you not injured. Second, if you had to switch jobs to one that pays less because of your injuries, you could get damages based on the difference in income between jobs. Finally, if your injuries are such that you can no longer work, you can be compensated based on what you are predicted to have earned for the rest of your working career had you not been injured.
Additionally, you can get compensatory damages for things that are less concrete. While you can evidence financial injury through invoices, medical bills, and other tangible things, there is not going to be a paper trail for, say, physical pain or the mental effects of your accident. Because there is less tangible evidence of these damages, our motorcycle accident lawyers will need to convince the court of their value through evidence and persuasive legal arguments.
Punitive Damages
While compensatory damages are meant to bring you back to where you were before you were injured, punitive damages are meant to punish the defendant. When you seek punitive damages, you are essentially alleging that the defendant has done something that goes beyond mere negligence, and they should be punished financially.
Specific criteria must be met in order to be awarded punitive damages. Pursuant to Miss. Code Ann. § 11-1-65(1), plaintiffs need to demonstrate that the defendant acted with “actual malice” or “gross negligence,” displaying disregard for other people’s safety through “clear and convincing” evidence. This can be a high bar to clear, so you need to talk with our motorcycle accident lawyers to determine if seeking punitive damages makes sense in your claim.
Chat with Our Biloxi, MS Motorcycle Accident Lawyers About Your Case Today
The motorcycle accident attorneys from Howe Law can provide free case reviews when you call our offices at (844) 876-4357.
