Motorcycle compensation for injuries or damages incurred varies from state to state. And the amount to be used to pay for damages incurred by a motorcyclist largely depends on the extent of injuries suffered and the culpability of the parties involved. If you have been involved in a motorcycle accident, it would be better to consult a lawyer who will assist you in taking legal action against the responsible party. While it may be impossible to return you to the health state you were before the accident happened, a lawyer will help you obtain the compensation you deserve. Sometimes, this can be extremely hard since not every motorcycle rider has bodily injury liability insurance. Sometimes, the other driver may have uninsured motorist coverage.
Factors That Determine How Much Compensation You Can Receive
Over the years, motorcycle accidents have continued to rise in the United States. Motorcycle accidents always differ from car accidents, much in how they are handled, and the financial aspect of how they are compensated for. The fact is, motorcycle drivers are always perceived to be reckless, and the same perception moves on to any personal injury case when one has suffered from injuries. No matter how a motorcyclist is observant and alert, their status in traffic will always be precarious. Then, it doesn’t matter how attentive and cautious you’re, you can’t control other people’s behavior on the road. If an accident occurs, the only best option you can take is to call a motorcycle accident attorney. This is because you may end up being accused wrongly for someone’s negligence. But, to get what you deserve, there will always be factors that will determine the compensation you will get. Some of them include:
- Limitations and the available insurance policy coverage: A typical motorcycle insurance policy will cover injuries you cause to others, but sometimes it can also include coverage for your injuries. The law requires a motorcyclist to have two types of liability insurance that includes property damage and bodily injury liability coverage. There are also other optional motorcycle insurance coverage that includes:
- Total loss coverage
- Collision and comprehensive
- Road towing or assistance
- Uninsured or underinsured motorist insurance
- Defendant ability to pay: The amount of insurance policy for the defendant can impact the compensation you can receive. For instance, if the defendant only has some few assets, it would not make sense to have a higher settlement that the limits of their insurance policy. This is even if your injuries or property damage may be high. You can only accept what the defendant is capable of paying to avoid spending too much time on the case at hand. On the other hand, any individual with a high net worth will most likely carry more than his/her minimum amount of insurance to protect their assets.
- When you are to blame: Your settlement may be affected by the fact that you’re to blame. In such a case, whatever amount you were to receive will be reduced proportionately. This is what is termed as comparative negligence. Things get complicated when more than one person is involved in a motorcycle accident. The amount to recover may be affected according to how the jury or the judge will determine the percentage to be allocated to you according to the state laws.
- Impairment of the other driver: Impairment may be in many forms. The most common is being under the influence of alcohol or certain drugs. When it comes to impaired driving, these may cause the brain to slow down, and hence the driver may not make a quick decision. If you are involved in an accident where the driver was impaired, you stand a good chance to have a reasonable settlement. But this can only be possible if you decide to settle the matter out of court rather than going to trial.
Finding The Legal Support You Need
Choosing to own or ride a motorcycle has its risks just like other vehicles. And every motorcycle injury has its unique factors to be considered. When you have been injured in a motorcycle accident, you have a right to seek compensation for your injuries or damages suffered. A motorcycle may have severe injuries, some of which may be life-threatening. And thinking you may represent yourself legally may not be a wise decision to make. Therefore, it would be better to look for an experienced lawyer to help you determine whether your case is worth fighting for. Your lawyer will also help you negotiate a fair settlement for your situation and help you understand the factors that may affect your case should it proceed to trial. He/she knows the likelihood of winning your case by deciding whether the judge will return a favorable verdict .