A major portion of civil litigation in the United States is made up of personal injury cases. A personal injury case arises when a person is injured due to the negligence of a third party. In some cases, damages might also be done to the victim’s property. According to the National Center for Health Statistics (a department under the Centers for Disease Control and Prevention), about 31 million people are injured every year and require some level of medical attention. About 162,000 are fatal injuries, while some two million are severe injuries that require the victim to be hospitalized.
Depending upon the nature of accident, there may be many types of personal injury cases and vehicle accidents that make up a large portion of personal injury cases. In fact, the National Highway Traffic Safety Administration (NHTSA) reveals that six million car collisions occur every year, whereas 125,000 truck accidents happen according to Federal Motor Carrier Safety Administration (FMCSA). The number of motorcycle accidents is quite significant, as well – about 50,000 serious injuries and 2,300 deaths occur in motorcycle accidents every year, reveals the Bureau of Transportation Statistics.
So, if a motorcycle is your main means of transportation, chances are high that you will face an accident at some point of time. Motorcycle accident cases are often very complicated and difficult to litigate; if you have been injured in a motorcycle accident, you must at once contact a personal injury lawyer.
What to Do After a Motorcycle Accident?
Motorcycle accidents can result in catastrophic injuries, such as spinal cord and neck injuries; it is necessary that you protect your financial and legal interests immediately after the accident. You may be in a state of shock just after the accident, but once you recover, here is what you must do:
- Seek Medical Assistance: Victims of motorcycle accidents often have to be hospitalized immediately. Whether you feel pain or not, you must see a doctor immediately. Some injuries don’t appear until a few days have passed, so medical attention is important.
- Collect Information: If the accident happened due to someone else’s fault, try gathering as much information as you can. Note the name of the driver, the vehicle number, name of insurance carrier, etc. Inform the police and get a copy of the report. If possible, take pictures.
- Contact Your Insurance Company: Your insurance company needs to be alerted about the accident, just in case you need to file a claim.
- Contact a Lawyer: This is the most important thing to do – contact a lawyer and refrain from saying anything until your lawyer arrives.
How to Prove Negligence in a Motorcycle Accident
If you have experienced a motorcycle accident, you might ask who should be held responsible, whether you should be compensated for the damages, etc. Before you proceed to court, remember that motorcycle accidents are in some ways different from car accidents – this is due to some inherent factors associated with motorcycles and the way they are driven, the kind of injuries, and the cause of the accident.
Riding in a motorcycle is considered risky since:
- They are lighter and have only two wheels, which often leads to balancing issues
- Lower visibility
- Impact of road hazards, such as uneven surface, debris, etc.
- The rider is not protected, unlike a car
- Bike riders often indulge in rash driving
If you believe that you have been injured due to someone else’s faults, consider filing a case against the negligent party. In order to win the case and get compensated, it is necessary to prove ‘negligence’ on the part of the other party. Negligence is defined as irresponsible or careless behavior that causes injury or harm to someone else. Along with proving negligence, you must also be able to prove that you have been driving responsibly.
This is the reason why you should hire an experienced personal injury lawyer who can file a strong case of personal injury and help you get compensated appropriately.
Navigating through the motorcycle accident laws can be very intimidating, so you must seek help from an experienced lawyer. A lawyer will help you gather the required evidence and file a case. Unlike car accidents, many factors are involved in judging a motorcycle accident case, thus only an experienced lawyer would be able to place proper arguments and prove negligence on the part of the other party. In case you decide to settle the case out of court, your lawyer can help you get appropriate compensation and make sure that the negotiations go smoothly.
Motorcycle accidents are often more fatal than car accidents; it is best to ride responsibly. Ride safely and protect yourself and others from the possibility of catastrophic injuries.