Filing a Successful Motorcycle Accident Lawsuit

If you are involved in a motorcycle accident and you suffer injuries, you may be entitled to file a motorcycle accident lawsuit against the person who was responsible for harming you. This lawsuit will allow you to collect compensation for all costs associated with the accident injuries, including medical bills, lost income, pain and suffering compensation, and even payment for any emotional distress you endure. Unfortunately, while personal injury law does afford you the right to file a motorcycle accident lawsuit, being able to win your lawsuit and get the full amount of damages you deserve is not necessarily going to be easy. 

The Motorcycle Bias

One of the biggest problems people involved in a motorcycle accident have is a bias against motorcycle riders. Many people believe that motorcycle riders are more likely to take risks and that these motorcycle riders may not do what they are supposed to on the road to ensure that they drive safely and that drivers see them. As a motorcycle rider who was involved in a car accident, it is going to be your job to work against this presumption in order to prove that the person in the car was really responsible. 

What You Need to Prove

The requirements for proving a motorcycle accident claim and winning your lawsuit are similar to the basic requirements of any other personal injury car accident claim:

• You need to prove the other driver was negligent and breached the reasonable duty of care that all drivers owe to others when on the road. You can do this by presenting eyewitness accounts from the scene, by showing accident photos wherein the condition of the vehicles and road debris clearly indicate that the other driver is at fault, by hiring an accident reconstructionist to act as an expert witness for you, and/or by presenting a police report of the accident that names the other driver at fault. 
• You need to demonstrate that the negligence on the part of the other driver was the direct cause of the accident. The same evidence that you use to show negligence in the first place will be useful here. Proving causation is essential, but it is also important to note that this doesn't mean proving the other driver was 100 percent responsible in every case. In many states, called comparative negligence states, you can still hold the other driver responsible for a percentage of your damages if you can assign a percentage of the fault to him/her. 
• You need to prove that harm occurred and show the nature/extent of the harm. This includes showing medical records that prove your injuries. It also involves presenting medical bills and details about missed wages so these economic damages can be calculated. Presenting information on the pain and distress you endured, such as by keeping a pain journal that can be entered into the record, will also help you to collect non-economic damages for pain and suffering and emotional distress.

The plaintiff in the accident case has the burden of proving all of these elements of the case. The defendant just has to assert correctly that the plaintiff did not prove one or more elements in order to win. 

Other Considerations

Many motorcycle accident cases do settle outside of court if the other party is willing to agree he/she is responsible and if the insurance company of that party makes you a fair offer. While settlement negotiations may drag on for a time, it is important to note that there is a statute of limitations you must file your lawsuit within. While different from state to state, this usually imposes a time limit between 1 and 3 years, after which you will be barred from filing and will get neither a lawsuit or a settlement. 

Getting Help

If you are considering filing a motorcycle accident lawsuit, you should schedule a consultation with a car accident attorney before you go any further. A lawyer who understands the law can help you overcome motorcycle bias and can assist you in all of the evidence gathering and procedural steps necessary to file and win a motorcycle accident lawsuit.