Motorcycle accidents cost millions of dollars in medical bills and property damage. They also leave thousands of lives devastated and broken. If you or a loved one has become a victim of such a motorcycle accident, you have the right to seek compensation through a motorcycle accident lawsuit with the aid of an experienced personal injury lawyer in Arvada, or one located near you.
However, success in the courtroom is not guaranteed. You need to make sure you do not make mistakes that will hinder your case. Here are some mistakes in motorcycle accident lawsuits and how to avoid them.
1. Failing to Seek Medical Treatment
Victims may attempt to tough out the pain or seek their own remedies without seeking medical advice. Even if the injury doesn’t seem serious, it’s important to seek medical treatment in order to document the specific injury sustained in the accident. Without proper documentation of the injuries involved, any potential lawsuit to seek damages may not be successful.
Victims should also not argue with attending medical personnel or refuse to have their injuries examined. Accepting and understanding medical advice, whether good or bad, is important. Committing to following a recommended course of care or treatment will also help the victim’s case from a legal perspective.
2. Not Reporting the Accident to the Police
Failing to file an official police report can seriously hinder any legal actions that could be taken. As a motorcycle rider, it is important to understand the importance of this step. It is also wise to retain copies of any reports or documents related to the incident, to ensure that any legal proceedings that may follow are made easier.
Motorcycle riders should notify the police as soon as possible after an accident, so that crucial evidence is not lost. If evidence from the scene is excluded from any investigation, it could greatly reduce a cyclist’s case against any other parties involved.
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3. Failing to Gather Evidence
Evidence helps a court to decide who may have been liable for the accident. It can even make the difference between winning and losing the case. It’s important to take photos and videos, as well as detailed notes about the accident and its aftermath. Quality evidence can help you to build the beginnings of a strong legal case, which can then be assessed during a free case evaluation undertaken by experienced attorneys.
Skid marks, damage to the vehicle, and the condition of the roadway should all be carefully examined. Witness statements, medical records, and police reports should also be included. Presenting all of this to the court can give a strong indication of who is at fault, and who the court should hold responsible for the accident.
4. Not Preserving the Motorcycle
Not preserving the motorcycle wreck result in lost or destroyed evidence. Which would make it harder to demonstrate the cause of the accident. In order to avoid making this mistake, victims of motorcycle accidents should take pictures of the motorcycle and the accident scene before it is disturbed. Store the motorcycle in a safe and secure area until the lawsuit is closed.
If possible, obtain a police report to document the situation, and take notes of what went wrong and why. If the motorcycle cannot be preserved, victims should obtain a written affidavit from the person or facility where it was destroyed. Make sure to detail the date and reason it was destroyed.
5. Talking to the Insurance Company
It is important to remember that the insurance company’s goal is to obtain the lowest possible settlement or damage award. So take your time and make sure to be accommodating but not too generous. Avoid giving out too much information, such as an internal investigation, as this may be used against you in the future.
If the insurance company requests a statement, read it carefully and make sure to be as detailed and comprehensive in your answers as possible. Do not sign anything without consulting your lawyer, who can negotiate on your behalf and ensure that your rights are protected.
6. Accepting a Low Settlement Offer
Although an initial offer may seem attractive or fair, it could be an attempt by the defendant to reduce their financial liability or minimize the victim’s potential awards. Before accepting any offer, an injured rider should consider consulting with a qualified motorcycle accident lawyer.
An attorney can review any offers with the rider, and provide advice on the potential long-term consequences of premature acceptance. They can also investigate the case to ensure a fair settlement.
An attorney can help an injured rider ensure that all documentation, expenses, and losses related to the accident are accounted for. They should also make sure no potential sources of compensation have been overlooked in the determination of a fair offer
7. Not Hiring an Attorney
With an abogados de accidentes (accident lawyers) legal advice you can identify the potential liabilities under the law and the actions necessary to protect your rights. Without an attorney, you are at a disadvantage because you are not familiar with appropriate legal procedures, statutes, case law, and deadlines associated with filing a claim.
Without an attorney, you may agree to a settlement or disposal of your case without realizing the long-term consequenses assosiated with it. An attorney will be objective in assessing the real value of your lawsuit, helping you decide whether you should settle or take the claim to court, this decision will help you get your life back on track after a serious injury.
There are qualities to look for when hiring an attorney. A qualified lawyer will be able to review the accident report and help you build a strong case for your lawsuit. Without the assistance of a qualified lawyer, it’s likely you won’t be able to receive the maximum amount of compensation due to you.
Avoid These Mistakes in Motorcycle Accident Lawsuits
When it comes to motorcycle accident lawsuits, it’s important to be prepared and knowledgeable. Thoroughly understanding the legal process, enlisting a qualified attorney, and gathering evidence are key steps to receiving a just outcome.
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Above all else, don’t hesitate to seek legal help. With the right knowledge and help, you can avoid mistakes in motorcycle accident lawsuits. If you find this article helpful, make sure to browse our blog for more interesting reads.