Is there a time limit in which I
need to file a lawsuit in this type of case?
Is there a time limit in which I
need to file a lawsuit in this type of case?
What should I do if I have been
injured in a motorcycle accident?
Do I need an attorney?
Who can be held responsible for
an accident involving a motorcycle?
What if I was partially at fault
for the accident?
Is
the investigation of the accident important?
Do I have to go to court if I
file a lawsuit?
What should I do if I have been injured
in a motorcycle accident?
You should immediately contact the police so that an
investigation can be done. You should also obtain the
name and addresses and insurance carriers of any
vehicle owners involved in the accident and any
witnesses at the scene.
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Is there
a time limit in which I need to file a lawsuit in this
type of case?
In personal injury cases, a lawsuit must be brought
within two years of the date of the accident (may vary
state to state).
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What should I do if I have been injured
in a motorcycle accident?
Be sure to report even minor injuries it to the police
officer at the scene. A minor injury may become more
significant later on. You should also seek prompt
medical treatment and follow your doctor's advice.
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Do I need an attorney?
Yes. If your accident was the result of another
person’s negligence, you may be entitled to
compensation for the financial damages that you have
incurred (including medical bills and lost wages). An
experienced attorney will be able to evaluate your
case and advise you of your legal rights. A delay in
consulting with an attorney may negatively impact your
case, so be sure to contact an attorney immediately
following the accident.
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Who can be held responsible for an
accident involving a motorcycle?
Any person who causes a motorcycle accident due to
their wrongful or negligent conduct may be considered
at fault and held responsible for the injury or death.
Potential defendants may include other vehicle
drivers, product manufacturers, and owners of
dangerous private or public property, repair shops and
any other person that contributed to the accident.
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What if I was partially at fault for
the accident?
A person can still sue, even if partially at fault, as
long as they can prove that at least one other person
also contributed to the accident. In a case such as
this, however, your recovery may be reduced.
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Is the investigation of the accident
important?
It is critical. There is almost always a presumption
that motorcyclists are responsible for accidents, so a
thorough investigation must be performed to establish
the fault of another. An investigation will include
the examination of the scene and vehicles involved,
and obtaining of statements from witnesses. Be sure
that you do not move your motorcycle or helmet after
the accident. It will be a major part of the
investigation.
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Do I have to go to court if I file a
lawsuit?
Not always. About 90% of motorcycle accident cases
settle before ever stepping foot in a courtroom;
however, motorcycle accidents are generally more
difficult to settle out of court than other motor
vehicle cases. Insurance companies are more willing to
try motorcycle cases in hopes that the public's bias
against motorcyclists will help them win the case or
at least hold down the monetary awards. Consult with
an attorney to discuss the details of your specific
case.
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