Is there a time limit in
which I need to file a lawsuit in this type of
case?
Is there a time limit in
which I need to file a lawsuit in this type of
case?
What should I do if I have
been injured in a motorcycle accident?
Do I need an attorney?
Who can be held responsible
for an accident involving a motorcycle?
What if I was partially at
fault for the accident?
Is
the investigation of the accident important?
Do I have to go to court if
I file a lawsuit?
What should I do if I have been
injured in a motorcycle accident?
You should immediately contact the police so that
an investigation can be done. You should also
obtain the name and addresses and insurance
carriers of any vehicle owners involved in the
accident and any witnesses at the scene.
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Is
there a time limit in which I need to file a
lawsuit in this type of case?
In personal injury cases, a lawsuit must be
brought within two years of the date of the
accident (may vary state to state).
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What should I do if I have been
injured in a motorcycle accident?
Be sure to report even minor injuries it to the
police officer at the scene. A minor injury may
become more significant later on. You should also
seek prompt medical treatment and follow your
doctor's advice.
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Do I need an attorney?
Yes. If your accident was the result of another
person’s negligence, you may be entitled to
compensation for the financial damages that you
have incurred (including medical bills and lost
wages). An experienced attorney will be able to
evaluate your case and advise you of your legal
rights. A delay in consulting with an attorney may
negatively impact your case, so be sure to contact
an attorney immediately following the accident.
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Who can be held responsible for an
accident involving a motorcycle?
Any person who causes a motorcycle accident due to
their wrongful or negligent conduct may be
considered at fault and held responsible for the
injury or death. Potential defendants may include
other vehicle drivers, product manufacturers, and
owners of dangerous private or public property,
repair shops and any other person that contributed
to the accident.
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What if I was partially at fault
for the accident?
A person can still sue, even if partially at
fault, as long as they can prove that at least one
other person also contributed to the accident. In
a case such as this, however, your recovery may be
reduced.
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Is the investigation of the
accident important?
It is critical. There is almost always a
presumption that motorcyclists are responsible for
accidents, so a thorough investigation must be
performed to establish the fault of another. An
investigation will include the examination of the
scene and vehicles involved, and obtaining of
statements from witnesses. Be sure that you do not
move your motorcycle or helmet after the accident.
It will be a major part of the investigation.
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Do I have to go to court if I file
a lawsuit?
Not always. About 90% of motorcycle accident cases
settle before ever stepping foot in a courtroom;
however, motorcycle accidents are generally more
difficult to settle out of court than other motor
vehicle cases. Insurance companies are more
willing to try motorcycle cases in hopes that the
public's bias against motorcyclists will help them
win the case or at least hold down the monetary
awards. Consult with an attorney to discuss the
details of your specific case.
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