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1. What should I do if I
have been injured in a motorcycle accident?
You should immediately contact the police so that an
investigation can be done. You should also obtain the name
and addresses and insurance carriers of any vehicle owners
involved in the accident.
2. Is there a time limit in which I need to file a
lawsuit in this type of case?
In most personal injury cases, a lawsuit must be brought
within two years of the date of the accident. An attorney
will let you know the specific time limit in your home
state.
3. What should I do if I have been injured?
Even if your injury seems minor, be sure to report it to the
police officer at the scene. A minor injury may become more
significant later on. With most all injuries, you should
seek prompt medical treatment and follow your doctor's
advice.
4. Do I need an attorney?
If you, and your physicians, are not certain of the extent
of your injuries and how they may impact your future, you
should consult with an attorney. An experienced attorney
will be able to evaluate your case and advise you of your
legal rights. A delay in consulting with an attorney may
negatively impact your case, so be sure to contact an
attorney immediately following the accident.
5. Who can be held responsible for the injury or death to
a motorcycle operator?
Any person who causes a motorcycle accident due to their
wrongful or negligent conduct may be considered at fault and
held responsible for the injury or death. Potential
defendants may include other vehicle drivers, product
manufacturers, owners of dangerous private or public
property, repair shops and any other person that contributed
to the accident.
6. What if I was partially at fault for the accident?
A person can still sue, even if partially at fault, as long
as they can prove that at least one other person also
contributed to the accident. In a case such as this,
however, your recovery may be reduced.
7. Is the investigation of the accident important?
It is critical. There is almost always a presumption that
motorcyclists are responsible for accidents, so a thorough
investigation must be performed to establish the fault of
another. An investigation will include the examination of
the scene and vehicles involved, and obtaining of statements
from witnesses. Be sure that you do not move your motorcycle
or helmet after the accident. It will be a major part of the
investigation.
8. Is it possible that my case will settle out of court?
Yes. About 90 percent of motorcycle accident cases settle;
however, they are generally more difficult to settle out of
court than any motor vehicle cases, because insurance
companies are more willing to try them in hopes that the
public's bias against motorcyclists will help them win the
case or at least hold down the monetary awards.
For comments, corrections or additions, please
contact:
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