Motorcycle Accidents: Is it more common for cars or bikes to be at fault?
The majority of vehicle versus motorcycle accidents result when the vehicle driver makes a left turn, according to the National Highway Traffic Safety Administration (NHTSA). In these cases, motorcyclists are often attempting to go straight, pass the car, or overtake it. This is why it is so important for motorists to check for motorcycles when turning left.
You can recover damages after a motorcycle accident by proving whether the car or bike is more often at fault. If your accident occurred in a state with comparative negligence laws, this determination is important. How fault is allocated in your accident determines whether or not you can obtain damages from the at-fault driver. A motorcycle accident lawyer can help you recover damages.
Proving a Motorist Caused Your Motorcycle Accident
Understanding the statistics behind car vs. motorcycle accidents is one thing. If you or someone you love was injured in a recent motorcycle accident, you have to prove the cause of your accident in order to collect damages from the at-fault driver. If a fort lauderdale motorcycle accident lawyer represents you, they will:
- Review the details of your case and determine its cause
- Locate and interview witnesses to the collision
- Obtain and review your official motorcycle accident report
- Obtain your medical records to prove the cause of your injuries
- Build the strongest possible collection of evidence
Your lawyer will organize your evidence and submit it to the at-fault driver and their insurance provider. If necessary, they will also communicate with the insurance adjuster and all other relevant parties in your case. In fact, you should allow them to handle all communication to avoid having anything you say misunderstood or misconstrued as your case progresses.
Proving the Legal Components of Negligence and Liability
The at-fault party’s negligence is a key component of your personal injury case. You cannot recover damages without proving the following:
- The car’s driver owed you a duty of care
- The driver breaches their responsibility
- Their actions were the cause of the collision
- The accident had financial repercussions
west palm beach Motorcycle accident lawyer cases are more likely to settle without going to court when these elements are carefully documented by the accumulation of evidence.
Recover Damages After Proving Motorcycle Accident Liability
As the motorcycle operator or passenger in an accident, you are more likely to sustain serious injuries in a collision with a car. Your accident-related medical bills are the financial responsibility of the at-fault driver. Their negligence also entitles you to recover the following damages:
- Current loss of income and loss of future earnings capacity
- Property damage, property loss, and diminished property value
- Lasting physical disability and physical disfigurement
- Ongoing physical pain and suffering
- Ongoing mental and emotional distress and loss of enjoyment of life
Wrongful death damages are recoverable for the loss of a loved one in a motorcycle accident. Your family is entitled to recoup the costs of making your loved one’s final arrangement and your loss of their financial and familial support.
Comparative Fault in Car and Motorcycle Accidents
If any of the fault for causing the accident is attributed to you, it could decrease the amount of any compensation you receive. If enough fault is attributed to you, it could prevent you from recovering damages at all. That makes it important to accurately define car driver vs. motorcyclist responsibility right from the start.
Your lawyer will handle this for you and help you avoid having the driver’s responsibility under-reported. If that happens, it could result in your case being undervalued or underpaid. If you did not contribute to the accident, your lawyer will help you prove it and recover compensation accordingly.
The Timing of Your Motorcycle Accident Lawsuit Matters
You have a limited amount of time to file a lawsuit against the car driver who caused your accident. If you do not file it on time, you may not be able to file it at all. Even if you manage to file after the statute of limitations expires, the court will dismiss your lawsuit without ever hearing it.
If either of these happens, you will not be able to collect damages at all, and the financial burden of the accident will fall to you. The law firm that handles your case will explain the filing deadline and any relevant exceptions. They will also explain the steps they will take to meet the applicable filing deadline.
Call The Law Offices of Wolf & Pravato for Help Proving the Cause of Your Motorcycle Accident
In most Miami motorcycle accidents lawyer , cars are more often at fault. If you or a loved one was injured in a recent collision, we will pursue the driver and their insurer for you. We will determine the value of your case and take on the insurance company, big or small, on your behalf. Get started obtaining financial compensation by contacting our consultation team at the Law Offices of Wolf & Pravato today. Call (954) 633-8270 for your free consultation.
