Unfortunately, there are more motorcycle accidents resulting in serious personal injuries than there should be. Usually, this is because motor vehicle drivers are negligent. Regardless of the cause of the motorcycle collision, when personal injuries result, they can be serious, permanent and even fatal.
What Type of Injuries Do Motorcyclists Suffer?
Motorcyclists and their passenger are often the victims of significant personal injuries. Wrongful death as a result of a motorcycle collision is not uncommon. Loss of limb and broken bones are other results of motorcycle accidents.
Because of the nature of the injuries, motorcycle accident victims should get excellent, aggressive legal representation. There may be an insurance company prejudice against a motorcycle driver. If the motorcyclist is seriously injured and the negligent motor vehicle driver is the only one talking to the police, there may be a bias in the police report
How Does Insurance Work for Motorcycle Injuries?
Massachusetts requires no-fault insurance, called Personal Injury Protection, or PIP, for motor vehicles, but not for motorcycles. Thus, the $8,000 that is generally available under this critical no-fault statute may not be for a victim in a motorcycle accident.
If the driver of the other vehicle is at fault, the victim needs to present his or her case in the best light to that driver’s insurance company. Often the insurance investigators will want to assign a percentage of responsibility, or liability, on the motorcycle driver. You need an aggressive attorney to fight against this “finding of fault” by the insurance company.
How Does A Case Against the Negligent Driver Proceed?
First and foremost, you need to get proper medical attention. Your lawyer will get the medical records, medical bills, and medical reports and present them to the negligent driver’s insurance company at the appropriate time.
Most importantly, however, is to get witness statements, photographs, property damage reports and police reports to the negligent driver’s insurance company. This is because if we can’t prove to the insurance company, and their lawyers, that we have sufficient evidence to win at trial, even the most horrific injuries will not be compensated. Many insurance adjusters just don’t understand safe motorcycle riding and proper motorcycle safety. They need to be educated.
In the event we cannot provide sufficient information to the insurance company to secure a settlement, we file a lawsuit. The accident victim will have to answer interrogatories, written questions, produce documents, and attend a deposition. The deposition is where the insurance defense attorney will ask open ended questions for a few hours including the following general topics: your work history, your medical history, how the accident happened, and your medical treatment following the collision.
What Should I Do If I’m the Victim of a Motorcycle Accident?
First, get proper medical attention. Second, understand that to get compensated for your lost earnings and pain and suffering, we will have to prove that it was the other driver’s fault; thus, we need to secure the witness statements and photographs as soon as possible. Often times we need a friend or relative to assist because the victim is recovering.
Hiring an experienced motorcycle accident attorney is important. Tim Houten has been representing victims of motorcycle accidents since 1982. He lives, works and volunteers his time in Middleton, Massachusetts. He drives the roads in Essex County every day. He has the experience and training to effectively represent you and your family. Motorcycle accidents result in serious and permanent injuries. Call Timothy Houten for a free consultation. There is no fee unless you win.