How
dangerous is a motorcycle accident in comparison to
an auto accident?
According to the National Highway Traffic Safety Administration,
motorcyclists are about 18 times as likely as auto
occupants to die in a motorcycle accident and about
three times as likely to be injured.
Top
Who has the right
to sue for a motorcycle accident injury and death
case?
Either the motorcycle operator or passenger may bring
a claim if they suffered injury due to the negligence
of another. Top
Who is liable for
injuries or death to motorcycle operators and passengers?
Anyone who was at fault in contributing to causing
a crash. In motorcycle cases involving injury, typically
it is the driver of a car or truck that is found to
be at fault. If a motorcycle operator is at fault,
they can be responsible for the injuries caused to
the passenger. Top
Why should
I take a camera with me while riding my motorcycle?
Always ride with a camera in the event that an accident
may occur. Take pictures of the scene and get statements
from any and all witnesses that will collaborate the
date, time of day, road conditions, etc. and document
such things as weather conditions, type of road, speed
of travel, and so on. The defendants' attorneys will
try to establish that some other factor contributed
to the accident and you must be prepared to refute
that. Top
What am I
entitled to receive for my injuries as a result of
my motorcycle accident?
Every case is different. The exact type of compensation
and the amount you might receive depend on your individual
situation. For example, the amount you receive will
vary depending upon how severely you were injured,
whether you are working and what type of job you have,
if your injuries are permanent, if you are married,
and numerous other factors.
Typically, you are entitled to recover for any of
the following expenses:
- Medical bills
- Lost Wages
- Pain and suffering
- Future medical expenses
- Probable loss of wages in the future
- Property Damage
- Loss of relationship with your spouse
- Other out-of-pocket expenses due to your injuries
In some cases, in which the other party's conduct
was unusually heinous, you may be able to recover
punitive damages. Top
Is an investigation
of my motorcycle accident case important?
A prompt investigation is essential. This is because
the insurance company will always attempt to prove
that the motorcyclist was to some extent at fault
in order to diminish the value of the motorcyclist’s
claim.
The law offices of Keller and Keller will make use
of extensive resources and ensure that no evidence
is lost or tampered with in regard to your injury
claim. It is important that evidence not be lost in
motorcycle accident claims, as it is imperative that
we present this evidence to the insurance company.
Top
I did not
carry insurance on my motorcycle. Can I still sue
the driver who hit me?
Lack of insurance on your motorcycle does not prevent
you from filing a claim against the driver who was
at fault that caused your injury. Top
How long will my case take?
The length of time a case takes depends on a number
of things. A complex case, with several different
parties, all with different claims, can take a lot
longer to resolve than a relatively simple case, involving
one injured party, and one party who caused the injury.
Many straightforward motorcycle cases are resolved
in four to eight months. It is possible, but unusual
for a case to take much more than one and a half years
to resolve. Top
I was in
a traffic accident when a car turned left in front
of me while I was riding my motorcycle. Who is at
fault?
Typically a left-hand turning vehicle is found to
be at fault since the law requires that a motorist
planning on making a left hand turn must yield to
all oncoming traffic. In some cases a motorcyclist
could be found partially at fault even though he has
the right of way if he was speeding or not maintaining
an adequate look out. Top
I wasn't
wearing a helmet when I was in an accident. Does that
make a difference?
You may bring an action for your injuries even if
you were not wearing a helmet, but not wearing a helmet
may make a difference in the amount of damages you
receive. If not wearing a helmet did not cause or
aggravate your injuries (for example, if you were
hurt in your legs, and wearing a helmet would not
have made any difference in your injuries), it probably
will not make a difference. The attorneys at Keller
and Keller will gladly discuss any concerns with you
regarding your motorcycle accident. Top
I ride
a motorcycle recreationally, usually only on weekends.
Do I have to wear a helmet?
Motorcycle helmet laws vary from state to state. To
wear a helmet or not wear one is a personal choice.
If you are traveling out state, make sure to investigate
the laws of the states you are traveling through so
you will know you can be in compliance.
Top
How
do I know if a motorcycle helmet is acceptable under
my state's helmet law?
All DOT approved helmets will have a label on them
indicating this approval.
Is there a difference between
uninsured motorist coverage and underinsured motorist
coverage?
Uninsured motorist coverage is coverage on your policy,
which pays you for your injuries when someone who
has no coverage injures you. Underinsured motorist
coverage pays you for your injuries when the at-fault
driver has insurance coverage, but the liability limit
is not high enough to fully compensate you for all
you have suffered. Top
What is comparative negligence?
Comparative negligence compares the negligence of
everyone involved in an accident. When a jury hears
the case, the jury members decide what percentage
of the total fault goes to each person involved. The
amount of compensation awarded to a person will be
reduced by his or her share, or percentage, of the
total fault. Top
I was hurt
in a motorcycle accident last week, and the other
driver's insurance company has offered to settle.
Should I accept it?
Accepting a check may mean that you have released
the other driver from all liability for your accident.
You may have to sign a release to get the promised
money, or the back of the check you get may have a
notation on it and your endorsement of the check means
that you release the other driver from any past, present,
or future liability for your injuries.
If you or a loved one has suffered from an injury
as the result of a motorcycle accident, the law offices
of Keller and Keller are available to you for a free,
confidential consultation with an attorney from our
firm who is experienced in handling personal injury
claims. You can either contact us by phone at 1-800-2KELLER
or through the use of our Free Case Evaluation submission
form.
Should you decide to retain our services after the
initial consultation, we will work on a contingent
fee basis. This means that our offices will only be
paid for our services once we make a recovery on your
behalf from the insurance company. Top
|
