The amount paid out in a motorcycle collision injury settlement depends largely on the facts and circumstances of your particular motorcycle collision accident. Every motorcycle crash causes different injuries and circumstances, so it is unlikely that any two motorcycle accident settlements will result in the same monetary outcome.
Determining Correlation Factors from Crashes
As a motorcycle accident victim who was injured due to the negligence of another person, you and your legal representative will be responsible for proving that you deserve the compensation requested. When the settlement amount is reached, the accident factor will be used to determine the amount and entitlement. Here are the areas you and your attorney need to focus on to ensure maximum compensation.
Proving fault in a motorcycle accident
Some motorcycle accident cases are cut and dried. The defendant caused the accident, no questions were asked, and you will get a settlement after negotiations happen. Other times, it’s not easy. To prove negligence, you may need traffic tickets issued by the defendant during the accident, eyewitness statements, etc.
In most accidents, insurance companies prefer to negotiate outside of court. That’s why many of these injury lawsuits never make it to trial, especially if there’s inadmissible evidence of the defendant’s guilt.
A surefire way to prove the defendant was at fault is to show they were distracted. Some common distractions for drivers include:
• drunk
• poison
• Distractions on the road or in the car
• cell phone
• Poor vision
• sleep deprivation
Different states have different measures of liability for auto and motorcycle accidents. You will only receive a percentage of the settlement amount if your state assigns a percentage of fault to the accident. Much will depend on the ability of the defendant’s insurance company to cover some or all of its client’s liability.
Insurance Policies and Limitations
Most motorcycle collision injury awards will not exceed the maximum coverage limit of the defendant’s policy. When presented to a jury, the amount may exceed the limit amount of the policy. However, if the defendant has no other assets, you may never collect the money.
As mentioned earlier, insurance companies prefer not to go to trial if the defendant is easily identified as the guilty party. Your settlement negotiations will be with your legal representative and the insurance company’s attorney. You have the final say on whether to accept the Settlement or whether to take it to trial.
Injury, Pain, and Suffering
Unfortunately, some accidents involving motorcycles can leave riders in serious confusion. When the accident is serious enough, it can even result in death, causing family members to fight for a fair settlement to pay the bills.
Most of the payouts from personal injury claims go toward paying for medical expenses, lost wages, rehabilitation costs, and more. Your legal representation will also help you battle the pain and suffering of the accident to ensure you receive the maximum compensation for your injuries.
Why Your Case Needs Legal Representation
Even if you’ve been in a motorcycle accident and are likely still recovering, you don’t have to deal with your insurance company yourself. A personal injury attorney has the expertise to handle every step of the motorcycle collision injury resolution process and advise you throughout the process. If you are injured in a motorcycle accident, you may be eligible for benefits for your injuries. Call a motorcycle collision injury resolution attorney today for a free case consultation. The best part is that most attorneys won’t charge you anything unless they win your case and offer you a monetary settlement.
