Approximately 90,000 motorcycle riders are in accidents every year. If you are a victim of an accident then you should considerably lucky to be alive, because fatality rates are about 35 times higher than those for automobile drivers. You have probably suffered from serious injuries and should consider filing a lawsuit against the other party if they are at fault.
Should You File a Lawsuit?
You deserve compensation if you are injured due to another driver’s negligence. However, you will need to make sure that you can prove your case before filing a lawsuit. There are two things that you need to do when filing a lawsuit against another driver:
- Prove that the other driver was at fault in the accident.
- Prove that you sustained damages.
Collect all the evidence that you can before going to court. Here are some things that you will need to gather:
- All police records related to the accident. This includes both the police report and any records of infractions that were given to the other driver.
- Any photos that were taken of the accident. You may have been too shaken up to take any pictures, but some of the witnesses may have photographed the scene for you.
- Contact information of any witnesses.
- All records that document the cost of the accident. This includes medical bills, statements from your boss on the amount of time that you needed to take off and any testimonials on the types of activities that you weren’t able to participate in.
It will take time to collect all the evidence that you need to make your case. Make sure that you do so before contacting a lawyer to help you file a motorcycle injury lawsuit.
Contact the Other Party
Your lawyer will need to review the evidence to see if you have a case. If they feel that they can prove that the other party is at fault then they will proceed.
You and your lawyer will need to contact the other party to seek restitution. You may be able to negotiate a settlement with the other party. This is usually easier when the costs aren’t significant and the other party is insured. However, many parties aren’t willing to settle. If this is the case then you will need to go to court.
What to Expect at Trial
Court should usually be the last resort to settle a lawsuit. The other party will usually settle without going to trial. However, there are times when court is the only recourse available.
You will need to file a lawsuit and specify the damages that you are seeking. You will need to select a jury, present the evidence and wait for a finding. The process can be very long and cumbersome, but it is worth it if you have a case. The challenges of the lawsuit can sometimes work to your advantage, because the other party may feel compelled to settle with you.
About the author: Kalen is a passionate legal blogger. He shares tips about winning lawsuits.