If you were involved in a motorcycle accident and suffered serious injuries, you may be able to sue someone personally following the accident. However, to sue someone personally after a motorcycle accident, you must be able to establish that they were negligent and at fault for causing the collision in the first place.
If you are planning to sue someone, the motorcycle accident attorneys of Regan Zambri Long are here to help.
It is estimated that 53% of all motorcycle accidents involve a motorcycle and one other vehicle. While this can occur for a variety of reasons, there are common causes of motorcycle accidents that make these drivers more susceptible to serious injury and even death.
Common causes of motorcycle accidents include:
If one of the above conditions existed during your motorcycle accident, you will likely need a DC, MD, or VA motorcycle accident attorney to guide you through the legal process to establish negligence.
However, there are some factors that you should consider when establishing negligence during your case. The elements of negligence by the other driver that must be met include:
For you to sue someone personally in a motorcycle accident, you will likely need the help of a personal injury lawyer to establish each element of negligence.
A motorcycle accident attorney can help you establish negligence by thoroughly examining how the liable party did meet each element of negligence.
For example, to establish the duty of care element, your lawyer will show that by utilizing the roadway, the other driver had a duty to operate the vehicle as any reasonable person would.
Then, they will illustrate the breach of that duty, which could involve a number of factors. If, for example, the driver was driving recklessly, your lawyer may point out elements of evidence that show the driver was speeding, acting recklessly, and perhaps driving aggressively.
From them, the behaviors of that driver would be used to show how they caused the accident. Perhaps at an intersection, it was your right of way to go, but the other driver went through a red light.
Finally, your lawyer will calculate the total value of your losses–be it injury, property damage, lost wages, etc. This is critical because often, victims of motor vehicle accidents may not be able to project the estimated future costs associated with their injuries. A lawyer will be able to call upon your medical records and share them with medical professionals who can provide insight into the long-term recovery expectations and how they will impact your ability to live and thrive in the future.
In addition to establishing negligence, there are other benefits to hiring a motorcycle accident attorney if you plan to personally sue someone after a motorcycle accident.
If you are planning to personally sue someone after a motorcycle accident, there are benefits to hiring a motorcycle accident attorney. While you are never legally required to hire an attorney, failing to do so may impact the value of your case and cause technical errors that can cost you your claim.
While you may think filing a lawsuit against the negligent driver is the best choice in securing compensation for your losses, the reality is that it may not be. Most personal injury cases never make it to court and are likely to be settled outside of court with the at-fault drivers’ insurance company.
But, if you file a lawsuit and bypass the negotiation stage, you may not be able to negotiate, costing you more money.
A motorcycle accident attorney can negotiate with the insurance companies to get you the compensation you deserve. Then, if negotiation isn’t possible, they can begin the formal lawsuit process.
Whether you are negotiating with the insurance companies or filing a lawsuit against the other driver, you will need to have all of the evidence and details of your case down to the dot. This means that you may need a lawyer to step in to help you build the credibility of your case. A motorcycle accident attorney can help by:
In 2019 alone, 5,014 motorcyclists died in motorcycle crashes. If you have lost a loved one in a motorcycle accident, it can be difficult for the family to navigate the intricacies of a wrongful death case.
In these cases, a motorcycle accident attorney can guide the family through the wrongful death filing to ensure that the family has the resources they need to financially recover from the loss of a loved one.
How long you have after a motorcycle accident to personally sue someone depends on state laws.
If you were injured or lost a loved one in a motorcycle accident, the time to act is now. Depending on the circumstances of the accident and the severity of your injuries, you may be able to sue someone personally after a motorcycle accident. At Regan Zambri Long, our motorcycle injury lawyers have a record of securing millions of dollars in settlements and verdicts for our clients.
Our attorneys will help you and your loved ones recoup losses for:
For a no-obligation, free consultation, contact the motorcycle accident attorneys at Regan Zambri Long PLLC by calling (202) 960-4596 or discuss the details of your case by using our online contact form. We represent motorcycle crash claims in Virginia, Maryland, the District of Columbia, and other states.