subject: The Basics About Motorcycle Accident Lawsuits [print this page] Some people think that most motorcycle accidents are caused by the reckless behavior of the one riding on the motorcycle. The fact is that more than half of motorcycle accidents that involved a fatality occurred when the motorcycle was hit by another vehicle.
The National Highway Traffic Safety Administration estimates that about 5,000 people are killed and tens of thousands more are injured each year in motorcycle accidents. When these deaths and injuries occur due the negligence or recklessness of another driver, the motorcycle operator may have the basis for a personal injury lawsuit.
The first step is to visit a personal injury lawyer who has experience handling motorcycle accident cases. After going over the details of your case, he will be able to tell you whether or not you have a good case. If he takes the case, he will first try to negotiate a settlement with the insurance company of the other driver.
The majority of motorcycle accident lawsuits result in a settlement. A settlement is when both parties agree on a certain dollar amount in exchange for the injured party agreeing to bring no further legal action.
If a settlement cannot be reached, the case will go to trial. Here, your personal injury lawyer will need to prove that the other driver was responsible for the accident and that the injuries or losses that you suffered were the direct result of their negligence.
Some states have a cap on how much an injured person can be awarded in a personal injury lawsuit. Other states have no such set maximum. If you win the lawsuit, the amount of your award will depend on many factors such as the extent of your injuries and other losses and the type of negligence that caused the accident.
Whether or not you win and the amount of your award will also depend on how well your personal injury lawyer puts on your case. That is why it is very important to choose a talented lawyer with experience handling motorcycle accident cases and who has a proven track record of winning.
