How to Determine Whether You are Eligible to Receive Compensation for a Motorcycle Accident

Motorcycles are notorious for being dangerous. Motorcyclists are sometimes thought of as reckless because of the tricks they often perform on the road. However, not all accidents are their fault and some are caused by fellow drivers. Drivers should always be wary and bear in mind that motorcyclists may not appear in the side mirrors if the vehicle is in a blind spot. To help you know your right as a motorcyclist, especially in case you get involved in a motorcycle accident, we will help you determine whether or not you are eligible for compensation.

Negligence from Other Parties

Many motorcycle riders are seriously injured by reckless drivers. These drivers don’t pay attention to other people on the road and they either speed up, jump from one lane to another haphazardly, or ignore the laws of the road. The rules that they don’t follow such as texting, drinking, or talking on the phone while driving put everyone at risk.

Drivers are not the only negligent party that exists, though. The government may sometimes be at fault, primarily when the roads are constructed for bigger vehicles and are hazardous for bikes and motorcycles. The bumps or potholes in the roads can cause the rider to fall off the bike. It is even worse if the person falls in front of a car or a truck because the consequences could be catastrophic.

If you ever get caught up in an accident caused by one of the above examples, you should start taking legal action. This is, of course, after tending to your injuries and making sure that you are cleared from the hospital. According to most departments of motor vehicles, you can file a negligence claim in these kinds of accidents. You should be aware of the deadline for filing a claim because after a certain time has passed, lawsuits will no longer be an option. Delaying the paperwork or failing to call an attorney could make you lose the compensation.

Partly at-Fault

The stereotype of motorcyclists being criminals or reckless people has made their situation unfavorable to accidents. This perception can be held against them if the rider has any liability in the case, even if they are not completely at-fault. Juries and insurance companies may side against them or estimate a compensation sum that’s a lot less than what they deserve.

In some states, riders may be eligible for compensation. That’s why it is important to reach out to lawyers who also specialize in motorcycle accidents because they will try their best to get you full compensation. Statistics show that a motorcycle accident attorney in New Jersey may be a motorcycle enthusiast too because this area is famous for motorcyclists along with North Dakota. In this case, the lawyer will be a more effective advocate for an injured motorcycle rider. To help your lawyer determine who is at fault, explain the circumstances surrounding the accident. You should also provide them with all the necessary documents, such as police reports. 

Motorcycle Laws

Following motorcycle laws will put you at an advantage when you file a claim. For instance, some states require riders to wear helmets to minimize head and neck injuries following an accident. You should also never drive in the same lane as another car or try to cross in front of it without looking. On the flip side, some regions allow driving in the same lane as another motorcycle. When it comes to safety, you should stay focused on the road and avoid performing any tricks that could possibly put you and other drivers on the road in danger. In case of an accident, if you were seen performing any tricks prior to the accident, even if you weren’t at fault, this would not help your case.

Extent of Damages

The kind of damages inflicted on you or your property following the accident will affect your eligibility for compensation. The amount you're entitled to increases if you were wearing all of the safety apparel required such as helmets or knee and elbow guards. Other than injuries, damage to property can be easily calculated such as special damages that include property damage, medical expenses, and lost wages.

Other kinds of damage that cannot be seen, but can be proved by an experienced attorney, such as emotional trauma. The mental anguish that can happen because of the trauma can hinder you from ever riding a motorbike again. Furthermore, the burns or scars on your skin may cause depression, depending on how drastically they have altered your appearance. You should always keep a journal of the kind of injuries, damage, and trauma you have endured and give it to your attorney to back you up on your eligibility for receiving compensation.

Motorcycle accidents happen often, and most of the time they inflict extreme kinds of damages on the rider. By following the rules and laws of the road, you will minimize the chances of being involved in an accident and protect yourself. However, sometimes the recklessness of others may put you at risk, and in such a case, you need to reach out to a professional attorney to help you file a claim and receive compensation.