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Is it important to retain an attorney for my motorcycle accident case?
- March 29, 2017
Motorcycle accidents are somewhat similar to other accidents. However, they pose unique and inherent challenges. The injuries they cause can lead to complications. Again, the liability issues attached to motorcycle accidents are different. If you have been involved in a motorcycle accident as a result of negligence from another party, the first thing you are contemplating is whether to hire an attorney. Here are reasons why you should consider hiring one.
Motorcycle accidents are rarely about speed
The general assumption is that motorcycle accidents are mainly caused by speed or recklessness. However, the actual picture of the ground paints a different scenario. Even with the use of helmets and extra caution, motorcycle accidents are still high, and the risk of serious injury even higher. In fact, most motorcyclists get injured because other road users do not see them or pay attention to them. The most common claims about motorcycle accidents include: being hit by other road users, lack of clear visibility especially with oncoming cars, uneven surfaces or potholes, being assumed by car drivers especially when overtaking or on bends and diesel slippage.
Whenever there is an accident between a motorcyclist and a car driver, the assumption is always that the bike rider is at fault. There is a general bias when it comes to motorcyclists. Sadly, the court or members of the jury can also be influenced. In most cases, the burden of proof rests of the plaintiff. As a motorcyclist, the odds are not in your favor. As such, it is in your best interest to seek legal help. On your own, it can be difficult to negotiate for fair compensation. Personal injury lawyers understand the systems and how insurance adjusters operate. They can use their legal knowledge and experience to secure you fair compensation.
The risk of serious injuries is heightened in motorcycle accidents
Motorcycles do not have most of the safety features that cars have such as seat belts and air bags. This means that the risk of injury is higher. When the vehicle hits a motorbike, the impact is greater. In addition to this, much of the force is felt by the bike and the motorcyclist. Motorcycle accidents can lead to severe injuries such as spinal injuries, brain injuries, deep cuts, skin burns, tissue damage, and muscle damage. These accidents also pose a serious threat of psychological trauma. One of the most common long-term effect of severe motorcycle accidents is post-traumatic stress. Symptoms of this may include panic attacks, recurring flashbacks of the motorcycle accident, trouble getting sleep, mood swings and even difficulty in breathing.
Compensation for damages in a motorcycle injury should include psychological trauma. The courts or the jury will not just award these damages without proof of emotional or mental stress. This means that the injured party needs sufficient evidence to prove their claim. In most cases, expert witnesses are needed to testify on the emotional well-being of the injured. This is another reason to consider getting expert help in a motorcycle injury case. A lawyer will gather evidence and get witnesses to add onto the credibility of the case.
There are steps to be taken when making a motorcycle accident claim
There are several key steps that need to be followed when making a claim. These procedures can increase the chances of getting a higher payout. The injured party may not be in a position to handle the evidence gathering and case preparation. Generally, the courts will be inclined to award what the plaintiff can prove. The investigative process is key. Getting pictures of the accident scene can help paint a picture of what happened. Medical records and the details of any key witnesses to the accident also need to be kept. Case preparation is what determines the strength of the claim. It is also important for your symptoms and the impact of the accident to be evaluated by an independent medical expert. The accident can also affect your ability to resume work. This will have cost implications based on the lost wages.
As evidenced, there is a need for a holistic and inclusive case analysis before the claim can be settled. This further emphasizes the need to seek legal expertise from an experienced motorcycle accident or personal injury lawyer.