"Do I Have A Good Motorcyle Crash Injury Case?"
Riders who have been in a motorcycle crash always want to know the answer to this question.
In fact it is probably the most common question that I get when speaking with someone who's been in a motorcycle accident. I rarely get the question asked this plainly, but it is a part of every question anyone who is been hurt on a motorcycle eventually asks, whether they are asking themselves or a motorcycle crash lawyer.
So I decided to write a short article explaining to people what makes a good or bad motorcycle crash injury case.
Who Caused the Motorcycle Crash?
The first thing we have to know is how the accident happened because we have to figure out who caused the motorcycle accident. In motorcycle injury cases, as in every kind of injury case, finding out who is legally responsible for causing the crash and therefore the injuries is very important
Some of the same considerations as we see in car crash cases occur in motorcycle crash cases.
For example, getting a police report will tell us where the crash happened as well as what each vehicle was doing leading up to and at the time of the crash.
So, for example, if a motorcycle is rear-ended, then we have a very good case.
On the other hand, if a motorcycle is turning left in front of an oncoming vehicle, that makes the case more difficult. Of course, there is always the possibility that the other vehicle did not have its headlights on or was speeding and therefore it contributed to the crash.
No matter what, if we cannot figure out a theory of why someone else caused the crash, it makes winning your motorcycle injury case that much harder. That's why we always start with this analysis first.
What Are the Injuries and Damages in your Motorcycle Accident Case?
It is really true that as a general rule, the bigger the injuries, the more valuable the case. And, the more medical treatment, the bigger the case. The third part of this analysis is whether there is any permanent scarring or permanent physical problems related to injuries sustained in the motorcycle crash.
Motorcycle accidents tend to have more serious injuries than in other kinds of accidents because riding a motorcycle is a little more dangerous. Unlike in a car or truck, you have very little protection against other motor vehicles or the road if you take a spill while riding a motorcycle. You help your chances if you wear protective gear including a good jacket, helmet and jeans with inserts.
Some of that gear is expensive, but it gives you a heck of a lot of protection, especially in the case of contact with the road if you take a spill. If you've ever had road rash (I have) then you know what I mean.
While that makes your case bigger or probably means your motorcycle crash case could be larger than the average car crash case, it's actually not good news. Who really wants to get hurt or have serious injuries?.
Nevertheless, the more serious the injuries, the more permanent they are, and the higher the medical bills, the bigger the case.
Does the Person Who Caused the Crash Have A Lot of Money or Really Good Motorcycle Insurance?
Assuming that we can win a case or scare an insurance company into settlement, the question here is how much insurance coverage is there? And if there is not enough insurance coverage, is the other driver or the person who caused the crash wealthy so that they can pay a large amount of money out of their pocket?
I will be honest with you, most people do not have money or assets to pay a large personal-injury verdict. That is why in most cases, we are unable unable to collect much more than the extent of insurance coverage.
But in the case of profound injuries, we always do an asset search on the defendant to see if they own apartment buildings or if they have professional licenses, such as being a doctor or lawyer, etc. These indicators suggest that the person might be able to pay cash out of their own pocket beyond the limits of their insurance.
Of course, if their insurance policy is $1 million or more, we rarely have to be concerned about that part of it. But making sure that a defendant either is wealthy enough has enough money or enough insurance to fully compensate you for your injuries is a major consideration in deciding whether you have a good motorcycle crash injury case.
What Problems Exist in the Case?
There are three possibilities. This is true in every kind of crash, but it also applies to motorcycle crash cases.
The average case can get better, worse, or stay about the same as we learn more about the events surrounding the crash, and the medical care. Things like prior felony convictions, prior or other injuries before or after the motorcycle accident, alcohol consumption before the crash, all of these are the sorts of things we look for when investigating a case when somebody gets hurt riding a motorcycle.
We do this because it's important that we know the problems with the case before the insurance company does. If we know about problems with the case, we can fix them before they sink your case.
Virtually every problem or challenge with the case is something that can be fixed or its negative impact can be reduced assuming you're working with an attorney who has experience in motorcycle injury cases.
In conclusion, here's the takeaway:
Three things you need to look for to answer "do I have a good motorcycle crash injury case"? are:
Who caused the crash?
How big are the injuries?
Does the defendant have enough money or insurance?; and
What problems are there in the case or will we discover while investigating the case?
Any motorcycle crash lawyer worth his or her salt will know to investigate these things fully if they are handling your case.
If I can be of assistance please do not hesitate to give me a call at 312-500-4500. The consultation is free, and whether you hire me or not, I'd be happy to hear from you and lend you advice about your situation.
Thanks for reading, and have a great day.
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