In 2018 alone, nearly 5,000 motorcyclists lost their lives in a motorcycle accident. Sometimes these cases are single-vehicle, but a majority of the time fatalities are by multiple-vehicle crashes.
That means that other vehicles on the road are often responsible for motorcycle accidents. Although driving a motorcycle is more dangerous than a car, it does not mean the motorcyclist is always at fault.
If you or someone you loved was involved in a motorcycle accident, it may be worth pursuing a lawsuit.
Motorcycle Accident Causes
The cause of a motorcycle accident is sometimes due to the motorcyclist’s own recklessness, but often, other drivers are unaware of the road rules around motorcycles. Some common causes of motorcycle accidents include:
- Speeding
- Driving under the influence
- Grass on the road
- Side-swipe collision
- Rear-end collision
- Lane-splitting collision
- Turning into the path of a motorcyclist
Even if the motorcyclist is partially at fault, like in a lane-splitting accident, they may still be entitled to a settlement.
Length of a Lawsuit
The length of a motorcycle accident lawsuit depends on the facts of the case. Cases involving more severe injuries often ask for more damages, increasing the length of the lawsuit.
Of course, this isn’t always true, but it is normally the case. When there is a lot more money at stake, the parties involved spend a lot more time investigating.
The Lawsuit Process
The lawsuit process is long and can get expensive. Thankfully, most motorcycle accident attorneys will simply take a percentage of the settlement.
The lawsuit process begins with sharing the details of the accident and any documentation or evidence with an attorney. Hopefully, you took photos immediately after the accident to use in court.
Next is the negotiation phase. This phase may result in a settlement offer. If the offer is not sufficient, it’s time to take the case to court.
Then, both parties meet again for the discovery stage of the pre-trial. It takes a lot of time for both attorneys to view all the evidence and speak to all the witnesses and experts.
A mediator may be brought in to try to settle the case before it goes to court. If this does not work, a trial will begin and it can take months to complete.
Lawsuit vs. Settlement
Taking a case to court is often a risk. There are a lot of elements in a court case that your legal representative cannot control. Who knows how a judge or jury will interpret the facts of the case.
Sometimes, it’s best to go for a settlement. An attorney should be able to negotiate one with the other party’s legal team. A settlement takes much less time, however, it may also end up being less than the amount that could be won in court.
Is It Worth It?
If you or your loved one was involved in a motorcycle accident that was not your fault, it may be worth pursuing a lawsuit. Of course, every motorcycle accident case is different, and only a professional attorney can adequately judge whether you have a case that will hold up in court.
To get some legal advice about your situation, don’t hesitate to contact Elsner Law Firm for professional help.
?In 2018 alone, nearly 5,000 motorcyclists lost their lives in a motorcycle accident. Sometimes these cases are single-vehicle, but a majority of the time fatalities are by multiple-vehicle crashes.
That means that other vehicles on the road are often responsible for motorcycle accidents. Although driving a motorcycle is more dangerous than a car, it does not mean the motorcyclist is always at fault.
If you or someone you loved was involved in a motorcycle accident, it may be worth pursuing a lawsuit.
Motorcycle Accident Causes
The cause of a motorcycle accident is sometimes due to the motorcyclist’s own recklessness, but often, other drivers are unaware of the road rules around motorcycles. Some common causes of motorcycle accidents include:
- Speeding
- Driving under the influence
- Grass on the road
- Side-swipe collision
- Rear-end collision
- Lane-splitting collision
- Turning into the path of a motorcyclist
Even if the motorcyclist is partially at fault, like in a lane-splitting accident, they may still be entitled to a settlement.
Length of a Lawsuit
The length of a motorcycle accident lawsuit depends on the facts of the case. Cases involving more severe injuries often ask for more damages, increasing the length of the lawsuit.
Of course, this isn’t always true, but it is normally the case. When there is a lot more money at stake, the parties involved spend a lot more time investigating.
The Lawsuit Process
The lawsuit process is long and can get expensive. Thankfully, most motorcycle accident attorneys will simply take a percentage of the settlement.
The lawsuit process begins with sharing the details of the accident and any documentation or evidence with an attorney. Hopefully, you took photos immediately after the accident to use in court.
Next is the negotiation phase. This phase may result in a settlement offer. If the offer is not sufficient, it’s time to take the case to court.
Then, both parties meet again for the discovery stage of the pre-trial. It takes a lot of time for both attorneys to view all the evidence and speak to all the witnesses and experts.
A mediator may be brought in to try to settle the case before it goes to court. If this does not work, a trial will begin and it can take months to complete.
Lawsuit vs. Settlement
Taking a case to court is often a risk. There are a lot of elements in a court case that your legal representative cannot control. Who knows how a judge or jury will interpret the facts of the case.
Sometimes, it’s best to go for a settlement. An attorney should be able to negotiate one with the other party’s legal team. A settlement takes much less time, however, it may also end up being less than the amount that could be won in court.
Is It Worth It?
If you or your loved one was involved in a motorcycle accident that was not your fault, it may be worth pursuing a lawsuit. Of course, every motorcycle accident case is different, and only a professional attorney can adequately judge whether you have a case that will hold up in court.
To get some legal advice about your situation, don’t hesitate to contact Elsner Law Firm for professional help.
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