Most motorcycle riders understand the dangers of riding and take numerous precautions to stay safe. When motorcycle accidents happen, they are often the result of negligence from other drivers.
If you were injured in a motorcycle crash due to someone else’s bad decisions on the road, you might have a legal claim for compensation. Obtaining financial compensation might be accomplished through several legal channels. Many people explore their insurance options first, and a lawsuit might be necessary if insurance does not pan out. In some cases, defendants are willing to settle, and you might get compensation faster. When navigating your claim, it is important to understand how the collision occurred and why the defendant is responsible. Common causes of motorcycle crashes include distracted drivers, traffic violations, and blatant disregard for riders.
To arrange a confidential, free case evaluation, call (844) 876-4357 and discuss your situation with our motorcycle accident lawyers at Howe Law.
How to Obtain Financial Compensation After a Motorcycle Accident in Gadsden, AL
Getting financial compensation is often crucial for injured plaintiffs. After a motorcycle collision, you might be unable to work or keep up with your everyday expenses in addition to steep medical bills. Talk to an attorney about how to get fair compensation.
Insurance Claims
A very common first choice among motorcycle accident victims is insurance. Injured drivers and riders in Alabama must file third-party claims with the other party’s insurance. This means you would file a claim with the insurance of the driver you believe is responsible for causing the accident. To be successful, you need evidence of the other driver’s fault. If you cannot sufficiently prove fault, the insurance company might deny your claim or only provide partial coverage.
While insurance can be helpful, it is not always the best way to get compensation for your injuries. Insurance coverage is usually limited by the terms of the driver’s policy. Often, when a motorcycle rider has extensive damages, the other driver’s insurance policy is not enough to cover everything. You might also run into trouble if the other driver is uninsured.
It is also possible that, through no fault of your own, there is insufficient evidence to prove fault. Some riders are unlucky when it comes to evidence, and they have a hard time scrounging together enough information to support their claim. In such cases, it might be best to speak to a lawyer about filing a personal injury lawsuit.
Lawsuit
Lawsuits can help injured motorcycle riders recover damages when insurance claims are insufficient. Lawsuits follow a similar path to lawsuits. You must submit your claims and present evidence of your damages and proof that the other driver is responsible. However, lawsuits must adhere to much stricter rules, and they often take longer to complete.
To be awarded damages in a lawsuit, you must meet the burden of proof. In civil lawsuits, plaintiffs must prove their claims by a preponderance of the evidence, meaning it is more likely than not that the defendant is liable. Insurance companies are not bound by such a burden and may decide claims based on their own internal rules as long as those rules comply with relevant insurance laws.
To begin your lawsuit, we need to assess your damages. Damages not included in your initial complaint may not be considered by jurors and will not be compensated. We also need to gather evidence of your claims against the driver who hit you. For the complaint, we only need enough evidence to show that you have a valid cause of action. Once we move forward with the trial, we must present enough evidence to meet the burden of proof.
Settlements
Lawsuits are famously long, with particularly complex cases sometimes taking months or years to finish. Many plaintiffs and defendants cannot afford to spend so much time on a single case and decide they would rather settle. A settlement cuts your lawsuit short and allows you to work out a deal with the other party. Generally, the defendant agrees to pay for some of your damages and, in return, you drop the lawsuit.
How much compensation you get from a settlement is based on how we negotiate. If your case is supported by strong evidence, we might convince the defendant to agree to pay for most or maybe even all your damages.
Settlements are not required by law. If the defendant makes an offer, you do not have to accept it. Before accepting or rejecting a potential settlement, talk to your attorney.
Factors Behind Many Gadsden, AL Motorcycle Crashes
Motorcycle crashes are unpredictable. They might stem from numerous risks or hazards but are often connected to driver negligence. One common element present in many motorcycle accident cases is distracted driving. The driver who hit you might not have been paying attention to the road when the accident happened. For example, they might have been making a phone call, texting, or looking at their GPS device. Even if they took their eyes off the road for only a moment, they may be held liable.
Traffic violations are rather common, but they are illegal nonetheless. Even minor violations like speeding, failing to signal, or rolling through a stop sign can cause severe accidents. When a motorcycle is involved, the risk of severe injuries is even worse. For example, rear-ending another car might cause a fender-bender. Rear-ending a motorcycle might cause the rider to be thrown from the bike and badly hurt.
Unfortunately, many motorcycle accidents are rooted in drivers’ blatant disregard for rider safety. Motorcycle riders tend to get a bad reputation, and many assume they are reckless, dangerous, or even lawbreakers. This could not be further from the truth. Often, when drivers hit motorcycle riders, they assume the rider somehow caused the accident.
Call Our Gadsden, AL Motorcycle Accident Attorneys Now
To schedule an appointment for a private case evaluation for free, call (844) 876-4357 and discuss your situation with our motorcycle accident attorneys at Howe Law.
