Motorcycle Accident Case: 6 Factors That Influence Compensation

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The truth of the matter is this, accidents can jeopardize the rest of your life to such a large extent, that you need to consider – with your life – the expertise that you involve in your case. Getting due financial compensation can be the starting block for you to overcome the consequences and properly rebuild your life. 

Financial Implications

The costs associated with accidents include not only the immediate emergency medical services (EMS) and medical costs after the accident but also legal and court costs. Some of the biggest costs, however, will compensate economically for lost productivity and the overall lost quality of life. 

Holding the Culprit Responsible

Though the reality of uncovering the truths about the exact causes of a motorcycle accident can be intricate, specialists are trained to help you get the compensation you deserve. The driver who was largely at fault for the accident, especially if it involved severe medical and financial repercussions, should be found guilty for their actions.

Consulting a personal injury lawyer who is okay with the local and federal laws is your best option to get the compensation you deserve. Unfortunately, the length of a motorcycle accident lawsuit can be unpredictable and depends on various factors. In order to assist your case and better prepare you for the legal journey ahead, we’re covering some of the factors that influence the compensation you could expect out of your claim.

1. Driving Without a Valid Licence

Driving a vehicle unlicensed is a federal crime and has a major impact on the outcome of your case. It is a misnomer that if the offending party drove without a valid driver’s license that they are now fully responsible for accident costs, but this is not the case. There also needs to be the legal motivation that their driving behavior was careless in some way and led to the accident.

Another issue is that drivers without a valid license would be devoid of car insurance and likely, too, sufficient funds to pay for damages. This is just one of the reasons why a motorcycle accident lawyer can assist you to get the best outcome for your case, as driving lawsuits are complex.

2. Wearing a Helmet

Helmets prevent the lives of thousands of motorcyclists and motorcycle passengers every year, and understanding the importance of their function is why it is illegal in many states to drive without one. If you were involved in an accident when you were driving without head protection, this may seriously compromise your case. Therefore, consulting a lawyer trained to help you is the best way forward.

3. Driving Under the Influence

Drivers across the country know that it is illegal to drive with a Blood Alcohol Concentration (BAC) of over 0.8. If the culpable driver who you believed was at fault was under the influence, this works in your favor. Among other states, California is now holding commercial alcoholic beverage servers liable, which will help promote the legal seriousness of your claim.

4. Unlawful Speeding

Being involved in a motorcycle accident can happen in the blink of an eye, but the consequences can be disastrous. If you are wanting to press charges or sue another violating party for the accident, it is a good idea to assess carefully whether your speeding could implicate you in the investigation. If you are unsure, contact a lawyer immediately to help you work through what exactly occurred as you should be certain of your role in the accident and ready to be scrutinized.

5. Previous Driving Violation

Another major factor that will influence your compensation and right to claim from a party who you feel caused the accident is if you have previously violated driving laws and been brought to the attention of state authorities. Though this does not immediately throw your case out, the defendant’s insurance company will use this information to discredit your case. Having a lawyer with whom you are honest is key, as they can help you navigate any threats to your case.

6. Operating in an Erratic or Otherwise Reckless Fashion

If you were recently involved in an accident and are looking to sue the striking vehicle for causing damage, you need to make sure that you were driving legally. Statistics show that 60% of multiple vehicle accidents result from the vehicle that has violated the motorcyclist’s right-of-way. In the case that your accident was caused by a driver who violated a road rule, was clearly distracted, and swerved into your bike, or otherwise failed to follow the correct driving protocols, this will act in your favor.

By introducing some elements that would complicate your case, it should become apparent that accident lawsuits are not clear-cut. Finding a lawyer who you trust and can confide in will help you set realistic expectations for the outcome of your case. Additionally, placing your faith in someone who can represent you will put your mind at peace, allowing you to focus on your recovery and getting back to some sense of normalcy.