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Home » Blog » The Role of a Personal Injury Lawyer in Motorcycle Accident Cases
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The Role of a Personal Injury Lawyer in Motorcycle Accident Cases

By Legal Desire 7 Min Read
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Anytime you pass through the streets with heavy traffic or drive through somewhere, there is always a chance of an accident. These accidents do not have to be huge; even minor ones can sometimes lead to destruction and injuries.

However, in such cases, we advise contacting a personal injury lawyer. It helps avoid situations where one is tangled in legal situations without prior consent and knowledge and ensures that a professional always defends an individual’s case.

A motorcycle accident lawyer Orange County is fully equipped to handle cases of motorcycle accidents. Their job is to assist riders involved in an accident in receiving the right compensation.

In this article, you will find out how a motorcycle accident lawyer gets involved in the lives of the personal injury claimants and their help to the injured victims in filing a claim against the motorist who was at fault. 

What Causes Motorcycle Accidents?

Motorcycle accidents can result from several factors. Distracted drivers, who may be using their phones or engaging with passengers, often fail to notice motorcycles due to their smaller size, leading to dangerous collisions. 

Drunk drivers pose a significant risk as well, with impaired judgment and coordination increasing the chances of accidents. Aggressive drivers, frustrated by traffic, may act recklessly and endanger motorcyclists. 

Traffic violations like improper lane changes or speeding can also lead to accidents. Additionally, defective motorcycle parts can cause sudden loss of control, while road hazards like potholes, large cracks, and gravel present severe dangers to motorcyclists riding the streets.

Role of a Personal Injury Lawyer in Motorcycle Accident Cases

  1. Explain the Law and Offer Guidance

Motorcycle accidents can be overwhelming. Dealing with injuries, insurance companies, and legal terminology can be stressful. Handling insurance details after an accident can be confusing. Insurance companies might use tricky tactics to gather information or offer a low settlement.

A skilled motorcycle accident lawyer can help you understand the process. They will protect your interests, advise you not to accept the first offer from the insurance company, and make sure you don’t sign anything without their review.  They know the law and can fight for the compensation you deserve. 

You can focus on recovering with their expertise while they handle the legal battle.

  1. Determine Liability

Identifying who is at fault is one of the most important steps in any motorcycle accident case. A personal injury lawyer will consider different factors to define the client’s role in the accident and create compelling arguments.

Firstly, the lawyer will review recent laws governing some traffic mishaps. This involves reviewing all forms of legislation, including traffic laws that cover drivers’ conduct on the roadway, such as speed limits, right-of-way laws, and traffic signals, among others. Knowledge of these laws helps evaluate whether one of the parties involved has not complied with the rules and, therefore, created negligence.

Next, he will assess the conduct of the riders who were at the scene of the accident. This includes their conduct before the accident, such as their speed, lane changes, and respect of traffic lights. He will take statements from the witnesses or use the production of expert evidence to judge if the drivers’ conduct was unreasonable in the circumstances.  

Besides the always and riders’ role, the lawyer will consider the road circumstances when the accident occurred. Conditions of the road surface, visibility, state of the weather at the time, and any threats on the road, like potholes and other objects of that nature, should also be considered. The fault could also be attributed to poor road conditions or even the absence of proper signposts, hence the need to establish the level of the roads’ involvement in the incidence of the accident.

  1. Build Your Case

After a motorcycle accident, more than one party might be at fault. This is where a motorcycle accident attorney comes in. They will conduct their investigation to determine who pays compensation.

They put in a lot of effort to build your case. A personal injury lawyer can help you gather and organize all the evidence needed for a strong claim. They aim to show what caused the accident, identify who was at fault, and ensure the responsible party is held accountable for your damages.

Your lawyer will wait until you’ve reached maximum medical improvement (MMI) before filing your claim. MMI is when you’ve recovered as much as possible with treatment. Waiting until this point allows your lawyer to accurately calculate all your damages, including both past and future medical costs. Once all the evidence is gathered, your lawyer will build and file your claim to boost your chances of getting the compensation you deserve.

They also work with accident reconstruction experts and medical professionals to support their clients’ claims. By carefully collecting and analyzing evidence, attorneys can create a strong case for negotiations or court.

  1. Talk to the Insurance Company

A motorcycle accident attorney will negotiate with your insurance company to secure a fair settlement for your case. 

As stated already, Insurance companies often use manipulative tactics to offer less compensation than you deserve, making it important to have a lawyer to ensure you are fully covered for all your losses. 

If negotiations don’t lead to a satisfactory settlement, your attorney is ready to take your case to court to fight for the maximum compensation for your injuries and other damages.

Final Thoughts

Understanding the primary causes of motorcycle accidents can help motorcyclists stay vigilant and reduce their risk on the road. However, in case of any accidents, they can contact an attorney. 

Motorcycle accident lawyers will help manage the legal challenges that arise after an accident. They allow victims to focus on their recovery while striving for the best possible outcome.

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Legal Desire August 22, 2024
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