Motorcyclists face unique challenges when pursuing accident claims. This happens due to the biasness and complexity of legal proceedings. This is the reason understanding your legal rights as a motorcyclist is important not only to get fair compensation in the event of an accident but also to ensure that you are not taken advantage of during negotiations or in court.
Keep reading this guide to find out some of the most important legal rights you have as a motorcyclist in your state.
The Right to File a Claim against the At-Fault Party
If you’ve been injured in a motorcycle accident caused by another driver’s negligence, you have the legal right to file a claim against them to recover damages.
This includes compensation for medical bills, property damage, lost wages, and non-economic damages such as pain and suffering. For example, if another driver failed to yield or ran a red light, causing the accident, you can file a claim based on their negligence.
Collecting solid evidence like photographs of the accident scene and police reports is important in building a strong case against the at-fault party. This right ensures you have the opportunity to recover what you’ve lost due to someone else’s recklessness.
The Right to Pursue Compensation for All Damages
Motorcyclists often underestimate the range of damages they can claim after an accident. Your legal rights extend beyond medical expenses to include compensation for property damage, emotional distress, rehabilitation costs, and even loss of enjoyment of life.
For example, if the accident has left you unable to participate in hobbies or activities you previously enjoyed, you are entitled to seek damages for that loss. Future medical costs, such as physical therapy or surgeries, can also be factored into your claim. Understanding this right ensures you don’t leave any potential compensation on the table.
The Right to Be Treated Fairly by Insurance Companies
By law, insurance companies are required to handle your claim in good faith, meaning they must investigate, negotiate, and settle claims fairly. However, insurance adjusters often undervalue motorcycle accident claims due to preconceived biases against riders. They may argue that you were partially at fault or that your injuries are less severe than claimed.
In such cases, it’s important to have a knowledgeable attorney by your side. Knowing your rights helps you stand up to these tactics. Keeping detailed records of your medical treatments and all correspondence with the insurance company can strengthen your position. If the insurer violates this right, you may have grounds to file a bad faith claim against them.
The Right to Legal Representation
Motorcyclists have the right to hire an attorney to represent them during negotiations and court proceedings. Accidents involving motorcycles often result in severe injuries, making these cases complex and high-stakes.
A skilled attorney can navigate the legal system on your behalf, from gathering critical evidence to negotiating with the insurance company. To get all these benefits, you will have to hire a local attorney who is expert at what they do.
For example, if your accident has occurred in Henderson, an expert Henderson motorcycle accident lawyer can best represent your interests and get you the compensation you deserve for your losses and damages.
The Right to Hold Manufacturers Liable
If your motorcycle or safety gear malfunctioned due to a design or manufacturing defect, you can hold the manufacturer accountable. This right is crucial in cases where faulty brakes, tires, or helmets contributed to the severity of the accident.
For example, if a defective helmet fails to protect you as intended during a collision, you may be eligible to file a product liability claim. Proving such claims often requires expert testimony and detailed evidence, such as recall information or product testing results. This legal right ensures manufacturers are held responsible for putting unsafe products on the market.
The Right to Refuse Unfair Settlements
You are not obligated to accept the first settlement offer presented by the insurance company, especially if it doesn’t fully cover your damages.
Insurance adjusters often aim to close cases quickly by offering lowball settlements. This tactic preys on accident victims who may be struggling financially or unaware of the full extent of their damages.
Exercising your right to refuse unfair offers allows you to negotiate for a settlement that truly reflects your losses. Consulting an attorney can help you calculate the value of your claim and push back against insufficient offers.
The Right to Seek Compensation
In many states, comparative negligence laws allow motorcyclists to recover damages even if they share some responsibility for the accident. It happens many times that the motorcyclists are speeding at the time of crash but the other driver failed to yield, too.
In cases like these, the motorcyclist will be eligible for compensation. However, the award will be reduced by the percentage of fault, as determined by the court.
This is why knowing this right is essential, as insurance companies often try to overstate your share of the blame to reduce their payout. Proving that the other party’s negligence was the primary cause of the accident is critical in such cases.
The Right to a Jury Trial
If settlement negotiations fail, you have the legal right to take your case to trial and let a jury decide the outcome. This right ensures that your claim is reviewed impartially and without the influence of insurance company tactics. While trials are more time-consuming and costly than settlements, they can lead to higher compensation if the evidence strongly supports your case.
Your attorney will play a crucial role in presenting your case effectively, including calling expert witnesses and cross-examining the other party’s claims. This right ensures that justice is served when negotiations reach an impasse.
The Right to Pursue Pain and Suffering Damages
Motorcyclists often endure not only physical injuries but also emotional and psychological trauma following an accident. You have the right to seek compensation for pain and suffering as part of your claim. This encompasses mental anguish, loss of companionship, and any diminished quality of life caused by the accident.
This can be illustrated by an example. Suppose you experience chronic pain or post-traumatic stress disorder (PTSD) after the collision, these can be included in your claim. Proving pain and suffering damages requires thorough documentation to establish the profound effect the accident has had on your life.
