Whereas motorcycle riding is enjoyable because the rider is one with the road, they are exposed and can be severely injured in the event of a motorcycle crash. If you or someone close has been injured in a motorcycle accident, you may wonder what your rights are and how to proceed.
There are specific factors that will determine how best to proceed. One important consideration is whether the other driver was at fault for your injuries – if so, then it may be possible to file a suit against them personally or perhaps even via their company’s insurance coverage (depending on what kind of damages were caused). Alternatively, and less likely scenarios include filing claims based upon defective parts/equipment used, which could result from manufacturing errors. The information below outlines some of your rights in the event of a motorcycle accident.
Right to Compensation if You Were Injured
You deserve to be compensated for all your medical expenses, lost wages, and pain & suffering, as well as any other damages, suffered because of the other person’s negligence. You also have a right to have your motorcycle repaired or replaced if it was damaged in the accident. If the other driver was at fault, their insurance company should cover these costs.
Right to Sue the At-Fault Driver
If the other party was to blame, you have a right to hold them responsible for the damages. Here, you will have to prove that the other driver was negligent, meaning they failed to exercise a reasonable degree of care, and this led to your injuries. If successful, the court may award you compensatory damages, including punitive ones, to reimburse lost wages and other out-of-pocket expenses. Punitive damages punish wrongdoers who cause accidents with severe consequences that can’t always be repaired or replaced on their own terms.
Right to Compensation Even if You are Partially to Blame
You should manage to claim damages from the other driver, even if you were only partly at fault for an accident. Under most states’ laws, this is possible as long as your total percentage of responsibility in relation does not exceed 50%. So, if the other driver was found to be 50% or more at fault, you would still qualify to be compensated for your damages.
However, if found to have contributed to the fault, your damages are reduced based on the percentage contribution to the fault. For instance, let’s say you are awarded $10,000 in damages, but you were 20% at fault, then you would only receive $8,000.
If you were in a motorcycle accident, one of the first things on your mind should be to find someone who can offer good legal advice. An experienced motorcycle accident lawyer in Boca Raton, FL will know what steps to take, so they can be of assistance in gathering the evidence you need to build a strong case.
Following a motorcycle crash, you are entitled to compensation for your damages and injuries, even if you were partially responsible for the accident. You’re entitled to multiple types of compensation, including medical bills, lost wages, and non-economic ones, such as pain and suffering, and loss of consortium. If the other driver was the cause, you also can be able to sue them for these damages.