To successfully recover financial compensation in a motorcycle accident case, fault must be determined.
Determining liability in a Yuma motorcycle accident involves carefully examining different factors like rider behavior, the actions of the other parties involved, and road conditions. Also, state laws spell out if you share responsibility for the accident and the compensation available to you.
A reliable Yuma motorcycle accident lawyer can handle your injury case from start to finish, so you can focus on getting better. They are aware of the challenges you may be facing following the accident, so they want to relieve some of your stress by tackling the legal tasks for you. They want to ensure you get fairly compensated for the injuries and losses you have suffered. But how is fault determined in a motorcycle accident case? What role will an attorney play in this? Keep reading to know the answers to these questions:
Assessing Negligence and Liability in a Motorcycle Accident Case
Fault determination in accidents involving motorcycles can be complex. Initially, you may think you know who to blame for the accident. However, investigations may reveal more liable parties who must face accountability for their negligence. Thankfully, working with a skilled lawyer increases your chances of building a solid case against the liable parties.
How Your Attorney Will Investigate Your Case
Your motorcycle accident attorney will thoroughly investigate the accident’s cause. They must assess how the crash happened, so they can determine fault. The evidence your attorney will represent should convince the judge or jury that the other parties involved caused the accident. This evidence might include surveillance footage of the crash scene and medical records that confirm the at-fault party was under the influence of alcohol or drugs when the accident happened. This evidence will help your attorney show that they have established the elements of negligence. To determine fault in your type of accident, you should show that the at-fault party had a duty to ensure your safety, breached this duty, and caused your injuries, which resulted in significant damages.
Kinds of Evidence to Look For
While your legal team investigates the accident, they may have to sift through evidence to determine those that they can use to support your case. They may talk to witnesses to get statements from them, request copies of the BAC test result of the at-fault party, hire accident reconstruction specialists, and speak with responding officers to get statements. Also, your attorney may request copies of traffic video footage of the crash, make copies of all photos of your injuries and the crash scene, and request copies of the at-fault party’s driving and employment records.
What Happens Once Fault is Determined
To recover compensation for your injuries and damages, you can pursue different legal claims if many parties share responsibility for the motorcycle crash. Here are the most common ways you can consider:
- Filing an insurance claim. Your attorney can file a claim against the insurance policy of the at-fault party. But their insurance coverage may not be enough to cover all your economic damages. The insurance company may not want to compensate you for your non-economic damages.
- Filing a personal injury lawsuit. To maximize your payout, you can file a personal injury lawsuit. But you must start your claim as quickly as possible. You only have two years from the accident date to file. But there is no limit to the compensation amount you can recover in a successful personal injury lawsuit.
To successfully recover financial compensation in a motorcycle accident case, fault must be determined. The liable party will need to pay for your medical bills, motorcycle repair expenses, reduced quality of life, pain and suffering, and other damages.
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