Even people who think motorcycles are dangerous will likely agree that the feeling of riding a motorcycle on an open road is a magical one. The wind in your face, beautiful scenery for miles, and clean, crisp sky all around you is an amazing feeling, but the sublime gift that motorcycle riding provides comes with a price.
Because there’s not much protecting you (as there is with a car), when you crash, serious injuries and death may occur. Even the most careful motorcyclists are at the mercy of those they share the road with, and one careless driver who looks at a text or is speeding or fails to signal for a turn can cause a catastrophic motorcycle accident.
Whether you’re a motorcycle enthusiast, a novice rider, or someone sharing the road with motorcyclists, there are some things you’ll need to if you find yourself in the unfortunate circumstance of being in an accident.
Who Can I Sue?
Many people in motorcycle accidents wonder if they can sue, especially if the motorcycle was the only vehicle involved in the crash. Motorcyclists often get blamed for motor vehicle collisions, but they are certainly not always at fault, as some people tend to believe.
If you are in a motorcycle accident but there was no one other driver involved, you may have crashed due to some other reason including faulty equipment. If you were in a motorcycle accident and protective equipment or any part of the bike failed, your accident claim may include a claim of product liability. As your attorney, we will consider the warranty on your bike, the tires, and the helmet and the paperwork provided by a dealer or mechanic that may have serviced the bike before the accident. You may be able to sue the manufacturer of the bike, the dealer, and any mechanics whose work led to equipment not working properly.
If a pothole, construction zone, or debris contributed to your crash, you might be able to sue a state or local government entity for failure to keep the road safe. Filing suit against a government agency is a complex process, which is why you need an attorney representing you.
If there were other drivers involved in your motorcycle accident or pedestrians, you may be able to sue them. Even if you are partly responsible for the crash, you may be recover some of your damages.
Damages in Motorcycle Accidents
There are different types of damages for which a motorcycle accident victim may sue. The primary type is “compensatory damages,” which are repayments of any costs directly associated with the injury, including repairs, medical expenses, lost wages, and diminished earning capacity for any victim who’s injured permanently. The second type of damages is known as “general damages”; these are less clear-cut and may include payment for pain and suffering and loss of quality of life. Punitive damages are paid when the act was intentional or some kind of harm was intended; punitive damages are rarely awarded.
During your no-cost consultation with attorney J. Clay McCaslin, you will get a good idea of whether or not you have a strong case against the people or entities responsible for your losses. Keep in mind that there statutes of limitation for motorcycle accidents in each state, so please don’t delay. Contact us today.