Last year over 5,000 motorcyclists were killed in traffic accidents and another 85,000 were injured. 8 out of 10 motorcycle accidents result in death or injury.
Motorcycle riders are especially vulnerable to serious injury if involved in an accident. Motorcyclists are often times unseen by operators of motor vehicles, which can result in horrific accidents. Even when wearing all the proper safety equipment (helmet, gloves, leathers) your injuries can be life changing. It is not uncommon for motorcycle riders to suffer spinal cord injuries, head trauma, broken bones, dislocated limbs, internal bleeding, internal organ damage, burns or whiplash. At Duvel Law, APC., we will make sure your medical bills get paid and your lost wages get reimbursed. If you require future medical treatment for your injuries, we will ensure that those costs are allocated for as well. Our experienced attorneys will discuss your situation and present all the options available to you and make sure all your needs are handled professionally.
To successfully litigate a motorcycle accident case, you must prove that the Defendant was negligent in some way. To prove negligence, the following elements must be established:
- The defendant had a legal duty to exercise due care (i.e.: the defendant driver must use the degree of care that would be required of a “reasonably prudent person” acting in the same circumstances.);
- The Defendant breached that duty of care; (i.e.: the defendant driver breached his duty by failing to keep a reasonable lookout for other vehicles and failed to keep his vehicle under control); and
- The breach of that duty was the proximate cause of the plaintiff's injury.
If you are the victim of a motorcycle accident you may be able to obtain compensation through the Defendant or the Defendant's insurance. However, you should never discuss your claim with an insurance adjuster without first speaking to an attorney. Insurance companies frequently attempt to entice settlements with injured parties before an attorney gets involved or before the full extent of the Plaintiff's injuries are known, which can lead to a settlement far below the case's true value. Once the case is settled, you cannot re-open the case even if subsequent information about your medical condition is discovered, so it is imperative to make sure your injuries and course of treatment are fully assessed and completed.
Shortly after a motorcycle accident, important physical evidence should be gathered and processed. At Duvel Law, APC., we quickly investigate an accident to evaluate and determine fault. We will examine the evidence and interview witnesses while their memories are still current.
Below is a list of things you should always do if you are involved in a motorcycle accident:
- Write down the names, addresses and telephone numbers of all witnesses to the accident.
- Obtain the name, address, telephone number, insurance information, driver's license number, and the vehicle make and model and license plate number of all other persons involved in the accident.
- Make sure that the police are called and that they prepare a traffic collision report, accident report or injury report.
- Take photographs of your vehicle before it is repaired.
- Take photographs of the scene and of all the other vehicles involved.
- Take photographs of your injuries right after the accident and as they heal.
- Get medical assistance immediately and tell your doctors exactly how the injury happened. Be specific in your explanation of what happened, as sloppy or inaccurate descriptions in medical records usually become a problem later in the case.
- Describe ALL your symptoms and complaints, no matter how minor they may seem at the time.