Russell & Hill, PLLC

Why Determining Fault is Vital in a Motorcycle Accident Claim

Posted on : September 25, 2015Posted By : Russell HillPosted In : Motorcycle Accident

There used to be a campaign motto for motorcycle safety called Start Seeing Motorcycles. Although we do not see that campaign any longer, it continues to be one of the most relevant safety issues for motorcycle drivers. In today’s fast paced and busy world, people often do not give themselves the chance to see motorcycles. I know, I used to ride a motorcycle. What caused me to stop riding? It was the close calls when other vehicles would merge into my lane or simply turn in front of me without seeing me. And when motorcycles are in accidents, the injuries are far worse. Huge medical bills make managing a motorcycle accident case hard work.

Motorcycle Accident Attorney

Filing a Claim for Compensation

Motorcyclists often sustain some of the most severe injuries in a collision; their vehicle leaves them more exposed to their surroundings. Motorcyclists can suffer from second- and third-degree burns, broken bones, whiplash, internal bleeding, and brain trauma in an accident. Many of their accidents are because of the negligence of other drivers on the road.

Many injured motorcyclists would like to pursue compensation for injuries sustained in an accident. However, in order to have a chance at a successful personal injury claim, motorcyclists must first prove that the other driver was at fault for the accident. If they can’t demonstrate that another party was liable for the event, the claim may not be worth the risk involved in filing against the insurance company.

Factors That Prevent Proving Fault

To prove fault in a motorcycle accident, there are two elements. First, the motorcyclist must demonstrate that they were not violating any traffic laws and were not demonstrating negligence. Second, the motorcyclist (the plaintiff) must prove negligence or a traffic law violation on the part of the other driver.

There are several ways a motorcyclist can be found liable for the injuries they sustained in the accident. If it’s discovered that the motorcyclist was not obeying the rules of the road, the insurance company will be quick to point the finger at the motorcyclist. Or if the motorcyclist was not wearing a helmet, the insurance company will use that to try to significantly mitigate the damages claim. Other evidence including the use of lights, signals, and behavior on the road could similarly threaten the motorcyclist’s ability to prove a successful personal injury claim.

Even if the motorcyclist is acknowledged to not be at fault in the accident, the plaintiff must also demonstrate that the other driver involved was at fault for the incident. If the fault cannot be proven, then the defendant (the other driver) was not responsible for the accident and owes nothing to the motorcyclist. For these reasons, it is critical to get a motorcycle attorney on board to investigate the claim and protect your rights.

Everett motorcycle accident attorney

How an Everett Motorcycle Accident Attorney Can Help

Motorcyclists that have been severely injured due to the negligence of another have every right to pursue full and fair compensation. In order to do this successfully, many victims have enlisted the help of experienced and aggressive Everett attorneys to aid them by collecting evidence and filing the personal injury claim.

An Everett motorcycle accident attorney has access to resources and information to prove the defendant’s fault in the motorcyclist’s claim. Using accident scene reconstructions, an attorney will be able to analyze property damage, view skid marks, and collect eyewitness testimony to aid in securing compensation from any liable parties.

By partnering with an experienced Everett attorney, many injured motorcyclists have been able to relax and focus on healing from their injuries while their claim is processed. These skilled attorneys are equipped to handle paperwork, collect evidence, and even interface with insurance companies so that the client can rest and recover. With the compensation received from their personal injury claims, motorcycle accident victims have been able to pay off hospital bills, anticipated future medical needs, and restore damaged property.

Why you should have motorcycle insurance with underinsured motorist coverage

Many years ago in Washington State, the insurance company lobby convinced the legislature that motorcycles do not need to have insurance on them to be legal on Washington roads because when motorcycles hit other vehicles, they are too insignificant to cause much property damage to the other vehicles. This maneuver got many insurance companies off the hook for huge medical bills when motorcyclists would get injured in accidents and not have insurance for themselves. I have many young clients that have motorcycles and I always tell them how important it is to get insurance with uninsured or underinsured coverage. Why?

  1. Motorcycle insurance is very affordable.
  2. Motorcycle insurance with PIP and UIM coverage can protect you when other vehicle drivers do not have insurance, or do not have enough insurance. It is astounding how often this happens.
  3. Motorcycle insurance PIP will help pay for your medical bills and lost wages.
  4. Motorcycle insurance protects you from being sued if you hit a pedestrian, or another motorcycle, or another vehicle and damages occur, whether they be property damages or injury to a person.

Contact Us

I am attorney Matthew Russell. I used to ride a motorcycle for years. I understand the dangers of being a motorcyclist. If you own a motorcycle, get insurance on it. If you have recently been injured in a motorcycle accident, call me. I can help you.

At Russell and Hill, PLLC, our skilled Everett motorcycle accident attorneys are equipped to engage with insurance companies and collect evidence to support your claim. Contact us today for information or to schedule a free initial consultation.

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