A motorcycle accident is treated like all other vehicle accidents. However, motorcycle crashes lead to serious injuries, and liability issues can be quite different to navigate.
Out of the different things that could be said about motorcycle claims, the number one issue you need to remember is that you have to be represented by an experienced professional during the entire process. You need to hire motorcycle accident lawyers in Detroit or you might be taken advantage of or you might not receive as much as needed. The important things below clearly highlight why this is true.
Determining Liability
The law of negligence is what determines liability. An individual is considered to be negligent when behaving in a careless or thoughtless manner that leads to the injury of someone else. Drivers need to be careful and avoid injuring pedestrians, passengers, and other motorists. When the driver is considered to not have been reasonably careful and an accident happened, he becomes liable for the injuries sustained by the victims.
In most motorcycle accidents, the party at fault is the driver of a truck or car. This often happens because of negligence in doing something, like speeding or changing lanes without checking mirrors.
It is possible that motorcycle riders are negligent. The best example of this is when drunk bikers swerve into other cars. In such a scenario, it is the driver of the car that can file for injuries.
Negligence Claim Elements
Negligence claims have four elements that have to be discussed. Plaintiffs basically need to show the following:
- The defendant needed to respect the law and be careful in a reasonable manner. This is given in most accident cases since motorists need to exercise care whenever driving or riding.
- The defendant shows carelessness. This is determined through a comparison between what the driver did and what is considered to be reasonable.
- The defendant had a conduct that caused the injuries of the plaintiff.
- Losses were suffered or injuries appeared. When the motorcyclist is not able to prove damages or show that he was hurt, nothing can be recovered. This is true even if the driver experienced careless behavior.
At first glance, these elements of negligence claims seem very simple. This is not always the case. There can be several circumstances that could lead to a very complicated case. As a result, you should never file a motorcycle claim without the supervision or direct help of a motorcycle accident attorney.
Remember that when you discuss with insurance companies, they will try to take advantage of your lack of knowledge. Never accept the very first offer they present since it is always lower than what you could actually be given. Also, in the unwanted scenario in which the insurance company denies your claim or the amount offered is very low, you have no other option than to sue the insurance company. This is where everything becomes really complicated and the attorney needs to conduct a very thorough investigation while building a strong case on your behalf.