Fair Settlement Factors in a Motorcycle Accident Case
Every year, motorcycle accidents and deaths in the United States have gradually climbed. Motorcycle deaths are at an all-time high, dating back to 2008. Motorcyclists, however, do not have the best reputation among other road users. They are frequently viewed as irresponsible, which does not reflect well in a personal injury lawsuit involving a motorbike injury.
Buying and operating a motorbike entails the same level of danger as driving any other vehicle, especially since mishaps happen and aren’t always your fault. You have every right to seek compensation for your injuries, pain, and suffering if you were hurt in a motorbike accident. Yes, hiring an experienced personal injury attorney is your best shot at getting the compensation you deserve. But first, here’s some further information about motorcycle injury settlements:
- The Injured Rider’s “Damages”
Estimating the likely outcome of a motorcycle accident case is difficult for one reason: during the trial, the jury will almost certainly determine how much money the defendant must give the wounded biker.
Some personal injury losses, including medical expenses and lost income, are easier to anticipate since they are “real” costs that the plaintiff can show they have paid or lost and will continue to pay or lose. Because each case and jury are unique, even the most sophisticated research can only anticipate pain and suffering damages in a broad range. That said, the Syracuse motor vehicle lawyers are exceptionally experienced; hence, their advice on such matters can significantly help you.
The impact of a motorcycle accident on a specific plaintiff is also essential when calculating damages. For example, a plaintiff got a permanent limp but was previously a very active person who enjoyed participating in various sports and outdoor activities.
Then their damages for “loss of quality of life” are likely to be higher in the eyes of a jury than if they were relatively physically inactive before the injury. If a motorcycle accident permanently disables a plaintiff in a way that does not impact his livelihood, his damages for lost earning potential will be lesser than if his livelihood is harmed.
- The Defendant’s Ability to Pay
When a defendant has insurance, the value of the coverage is likely to influence the amount of motorcycle accident compensation. Even though your losses are significantly more significant, pushing on a settlement higher than the defendant’s insurance coverage limits is pointless in case the defendant has minimal assets. This means you can only get paid what the defendant owes you.
A defendant’s assets may be more than the amount of their insurance coverage in some situations. People with a high net worth are also more inclined to carry extra insurance to safeguard their possessions than the bare minimum. So, understanding what assets they have and what insurance policies they may have might help you decide on a settlement.
- Proving Fault With A Traffic Citation
When dealing with a motorbike accident claim, proving the other driver’s guilt is crucial. The judge’s judgment will depend on a police report detailing your injuries and property damage. An expert motorcycle accident lawyer will ensure you have all the paperwork you’ll need to file your claim.
- Was The At-Fault Driver Impaired In Any Way?
Suppose the evidence in the police report or witness testimony indicates that the at-fault driver was under the influence of drugs. In that case, you have a good chance of winning the case and receiving the compensation you deserve.
- Availability Of Insurance
A motorcycle accident damage compensation will typically not exceed the liability limitations of the defendant’s vehicle insurance if the defendant has few other assets. Although jury judgments can and might not exceed insurance coverage limitations, this does not indicate that the plaintiff is entitled to the entire award.
Even though actual losses are more significant and straightforward, a plaintiff’s best alternative is generally to accept a settlement sum that equals the insurance coverage limitations if there are no other means to collect.
- Are You, The Motorcyclist, Partially to Blame?
Another factor to consider when deciding on compensation is whether or not you were at fault for any part of the accident. This implies that the damages you get may be reduced by the corresponding amount you are liable for the accident in this situation. This is referred to as comparative negligence, and it can substantially impact the amount of your compensation.
- Consider Talking To A Motorcycle Accident Attorney
The claims adjuster is not your buddy, once again. Do not accept blame, make any remarks, or even speak with anybody from the insurance company before seeking legal counsel. A personal injury attorney can assist you in avoiding making basic but all-too-common errors that might jeopardize your case.
- Overcoming Bias Against Motorcyclists
Personal bias or prejudice should not factor in paying an injured motorcycle rider, yet human nature is unavoidable. Some people have unfavorable feelings about bikers, and jury members may bring their prejudices into the decision-making process.
When compared to an injured passenger car driver, juries may be less inclined to grant a fair judgment to a motorcycle rider. Therefore, insurance adjusters know this prejudice and may properly cut their settlement offer. As a result, a wounded motorcyclist’s responsibility of demonstrating a specific case and the major problems discussed in this article becomes even more critical.
Conclusion
Finally, in a motorcycle accident injury case, having the appropriate lawyer on your side might be critical, especially if your injuries are severe. However, an expert lawyer will know how to put together your strongest case to achieve the best possible result.
