If you have been involved in a motorcycle accident and have sustained injuries, you may be able to file a legal claim for monetary compensation to help pay for your economic expenses. These damages include medical bills, property damage, loss of work and income, the costs of rehabilitation, and more. Injuries resulting from motorcycle accidents can also result in non-economic damages such as pain and suffering, loss of enjoyment of life, inconvenience, and emotional distress.
The question then becomes one of who to sue in a motorcycle accident case? You have a few options when it comes to who to sue; first and foremost would be the driver of the other vehicle that was driving during the accident. However, liability or determining who is at fault in a motorcycle accident is all about proving negligence. And, the burden of proof is on the victim or plaintiff to prove that negligence on the part of the other driver was, indeed, involved.
You may also have a legal claim of negligence against a local government entity. An example of such a lawsuit would be if your accident was the result of that governmental entity’s failure to maintain public roadways because the accident occurred while you were riding your motorcycle and hit a pothole in the road.
Where to start
When filing a lawsuit for a motorcycle accident injury against the driver of the other vehicle, you may have a right to compensation from the driver’s insurance company. The insurance claims process is the typical way to go about getting your medical bills paid without litigation. The motorcycle accident settlement process also includes compensation for your property damage.
However, you must be able to provide all relevant documents to prove negligence on the part of the other driver, including police reports, eyewitness statements, and photos. You’ll also need to supply documentation to support your claims of bodily injury, including medical records, hospital and medical bills, proof of lost wages, and more. Your attorney can arrange all of this for you.
To prove a property damage claim, you’ll need to provide a repair estimate from a reputable repair shop as well as proof of the value of any personal property or gear that was damaged or destroyed in the accident.
Suing a local government is not as easy as suing a driver because multiple public as well as private operations often share the responsibility for maintaining roads. Therefore, you may end up suing multiple parties.
Who to call
If you or a loved one has been involved in an accident that has resulted in injuries, it’s crucial that you contact a motorcycle accident attorney as soon as possible about receiving treatment. Your lawyer has the expertise and knowledge to make sure that you receive the best possible settlement or will be able to best prove what compensation you deserve if your case goes to trial.
At Inland Empire Motorcycle Law, Riverside motorcycle injury attorneys, we understand the challenges motorcycle accident victims face when bringing a claim of negligence vs another party. We are well-aware of the common biases that people have about motorcycle riders. But, we are experienced when it comes to how we handle jury bias against motorcyclists.
Contact our office to schedule a free consultation with one of our attorneys.