Motorcycle Accident FAQs
At Nahon, Saharovich & Trotz, every personal injury lawyer in our law firm who has handled a motorcycle accident case understands the toll this type of crash can have on the victim and his or her loved ones. Compared to occupants of a vehicle or SUV, motorcyclists are more susceptible to severe injuries considering the lack of safety mechanisms such as car doors, roof, etc. Catastrophic injuries can cause immense physical pain in addition to emotional suffering. Our Memphis motorcycle accident attorneys are committed to helping victims recover for all of their losses. In our 30+ years of representing car and automobile accident victims, here are common questions our attorneys have been asked.
The most common causes of motorcycle accidents are improper lane changes, speeding, unsafe turns, texting while driving, driving under the influence of drugs or alcohol, and errors in judgment. Driver inattention is another cause. If a driver is not paying proper attention to the road, he or she could fail to notice the motorcyclist, leading to a heavy collision. According to the National Highway Traffic Safety Administration, nearly 43% of all fatal motorcycle crashes involve alcohol.
After a motorcycle accident, you should call 9-1-1 and report the accident to the police. If you are hurting, you should seek medical treatment so that you can get better, which means following your doctor’s advice and going to appointments as scheduled. You can also take steps to preserve evidence, such as taking photographs of your injuries and the accident scene as well as the other vehicle and driver’s license and insurance information. If you suffer road rash or scarring, be sure to take photographs to monitor the progression. To learn about your legal rights and how they can be best protected, it is recommended that you contact an attorney experienced in motorcycle accident cases.
An injured motorcyclist can recover compensation after a hit and run accident. First, the sooner you contact an attorney, the sooner they can take steps to try to locate the hit and run driver, including interviewing witnesses and preserving video footage that may exist. If the driver cannot be located, you can make a claim through the uninsured motorist portion of your insurance policy. Even though it is your insurance, you should be aware that your company often takes an adverse position to you, as they ultimately step into the shoes of the unknown driver as if he or she had insurance all along, which highlights the importance of having a lawyer working for you and only for you.
How long you have to sue for a motorcycle accident depends on the state in which the wreck took place. For example, the statute of limitation for a motorcycle accident in Tennessee is one year from the date of the accident. On the other hand, for accidents that occurred in Mississippi or Arkansas, you generally have three years to sue. To make sure you timely file your claim and comply with your statute of limitation, you should seek legal advice from an experienced motorcycle crash attorney.
When you hire NST Law, it does not cost you anything upfront to hire a lawyer. Our attorneys work on a contingency fee basis, meaning the attorney fee is a percentage of the recovery and only paid if we are successful in your case. When it comes to medical bills, copays, vehicle repairs, and missed work, we try to take as much pressure off of our clients as possible and do everything in our power to make each client’s life as easy as possible as we handle their case and guide them through the legal process.
Before calling any insurance company after a motorcycle accident, you should first contact a trusted attorney to provide guidance for your situation. The insurance adjuster for the other driver, or from your own uninsured motorist carrier, may try to take your recorded statement and ask questions about how the accident happened and your injuries. These recordings can be used as evidence later in the case, so before you talk to anyone, it is in your best interests to consult with skilled legal counsel who can discuss your rights.
Whether you settle your case out of court or file a lawsuit can depend on the facts of the accident, medical bills, extent of injury, and how the accident affected you (also known as pain and suffering and loss of enjoyment of life). Most personal injury cases ultimately resolve before going to court, but it is important that you hire an attorney with the resources to handle your case the right way. It may be necessary to consult with expert witnesses, like accident reconstruction experts, in order to lock in liability. Other experts can help document damages, including permanent injury and lost earning capacity.
An injured plaintiff can win a motorcycle accident by proving the defendant’s fault, also known as negligence. In addition to proving liability for the crash itself, the plaintiff must prove the defendant’s negligence caused his or her injuries. In a legal case, the plaintiff has the burden of proof for liability and damages. To prove liability, witnesses and the responding police officer can be called to testify or provide statements. However, it may be necessary to hire accident reconstruction experts to recreate the crash, inspect the vehicles, and download black box data. In serious injury cases, experts may be called on to testify about future medical care, loss of earnings, and ongoing suffering.
How much compensation you can get for a motorcycle accident depends on many factors. These factors include how the accident happened, facts of the case, injuries sustained, whether the injuries are permanent, amount of medical bills, and more. Economic damages encompass reimbursement for medical bills and lost wages. Non-economic damages available may include pain and suffering, loss of enjoyment of life, and emotional distress. Punitive damages for particularly reckless conduct, like drunk driving, could be obtained as well.
The team of motorcycle accident lawyers of Nahon, Saharovich & Trotz understands how to properly handle a case from start to finish. We have the resources to help victims of traumatic injury accidents, including wrongful death claims. For a free consultation with an attorney today, call us toll-free at 800-529-4004 or fill out our confidential online form. NST Law has offices in Tennessee, Arkansas, Mississippi, and Missouri, and our lawyers are available today to speak with you and explain the steps we can take to protect your rights and look out for your best interests.