The amount of a motorcycle accident injury settlement payment will depend largely on the facts and circumstances surrounding your specific motorcycle accident accident. Each motorcycle accident accident will have different injuries and circumstances, so it is highly unlikely that two motorcycle accident settlements will result in the same monetary outcome.
Determining the relevant shock factors
As a victim of a motorcycle accident who was injured due to someone else’s negligence, you and your legal representation will be tasked with proving that you deserve the compensation you are requesting. When a settlement amount is reached, accident factors are used to determine the amount and entitlement. The following are the areas that you and your attorney should focus on to ensure maximum compensation.
Proof of fault in motorcycle accident
Some motorcycle accident cases are cut and dry. The defendant caused the accident, no questions are asked, and your settlement is granted after negotiations take place. Other times, it is not so easy. To prove negligence, you may need the traffic citation that was issued to the defendant during the accident, eyewitness accounts, etc.
In most accidents, insurance companies prefer to handle negotiations outside of the courtroom. That is why many of these injury lawsuits never go to trial, especially when there is inadmissible evidence that the defendant is guilty.
One sure way to prove that the defendant was at fault is to show that he was distracted. Some common distractions for drivers include:
• Intoxication
• Drugs
• Distractions on the road or in the car.
• Cell phones
• Poor eyesight
• Sleep deprivation
Different states have different measures of liability for motor vehicle and motorcycle accidents. If your state assigns a percentage of fault to the accident, you will only receive a percentage of the settlement amount. Much will be determined by the ability of the defendant’s insurance company to hold its client partially or fully liable.
Insurance policies and limitations
Most motorcycle accident settlement amounts will not exceed the maximum insurance coverage limits of the defendant’s policy. When presented to a jury, the amount could exceed the amount of the policy limitations. Still, you will never be able to collect this amount if the defendant has no other assets.
As stated above, insurance companies would prefer not to go to trial if the defendant is easily identifiable as the guilty party. Negotiations for your settlement will take place with your legal representation and the insurance company attorney. You have the last word if you accept the agreement or if you want to take it to court.
Injury, pain and suffering
Unfortunately, some accidents involving motorcycles can leave the driver in serious confusion. When accidents are serious enough, they can even lead to death, causing family members to fight for a fair settlement to cover the costs.
Most personal injury claim compensation is used to cover medical bills, lost wages, rehabilitation costs, and more. Your legal representative will also help you fight through the pain and suffering of the accident to ensure that you receive the maximum compensation for your injuries.
Why legal representation is needed for your case
Even though you were in a motorcycle accident and are most likely still recovering, you shouldn’t have to handle insurance companies on your own. Personal injury attorneys have the experience to handle every step of the motorcycle accident injury resolution process, and advise you along the way. If you were injured in a motorcycle accident, you may be eligible to collect for the injuries sustained. Call a motorcycle accident settlement attorney today for a free case consultation. The best part is that most attorneys don’t charge you anything unless they win your case and get you a settlement.
