To get a fair motorcycle accident settlement, you must:
- Prove who is liable
- Have the evidence to show your damages
- Negotiate for the settlement you deserve
At S. Burke Law, we will investigate your motorcycle accident, establish who was at fault, gather the evidence to prove your losses, and negotiate directly with the insurance company to get you a fair settlement. Call us today at 404-842-7838 to find out how we help our motorcycle accident clients.
How We Can Hold Someone Responsible for Your Losses
Duty of Care
We must prove that the person who caused your motorcycle accident had a legal duty toward you. All drivers have a duty to follow the rules of the road and operate their vehicles in a careful manner. If the person who caused the accident was another driver, that person automatically has a legal duty toward you.
Sometimes a person who is not driving causes an accident. Let’s say that a passenger in the car in front of you opened their door into the path of your bike.
Breach of Duty of Care
We will track both scenarios through the four elements. Let’s say that the driver of the car that hit your motorcycle was driving while under the influence of prescription drugs. That driver violated the legal duty of care in two ways: driving while impaired by drugs is illegal and is a failure to operate the vehicle with caution. Breach of the duty of care is negligence.
In the second situation, the passenger opened their door without looking and doored you. This action is negligent.
The at-fault person’s negligence must be the direct cause of your injuries. Both situations meet this test. The carelessness of the at-fault parties caused the wrecks, which in turn, caused the injuries.
In the first situation, the drug-impaired driver changed lanes without looking because the drugs affected his ability to make sound judgments. Since operating a vehicle while in an impaired state is negligence, his negligence caused the wreck.
In the second example, the passenger opened their door into your path causing you to collide with it. This fact satisfies the causation requirement.
You must have suffered economic, physical, or emotional damages. These include things like medical bills, lost wages, and pain and suffering.
Types of Compensation Available in a Fair Motorcycle Accident Settlement
Once we establish who is responsible for your damages, we will build a case for the compensation that is appropriate in your case. There are two different types of damages that might be available after a motorcycle accident.
Some of the typical economic damages in a motorcycle accident case include:
- Medical expenses: You can recover damages for all of the reasonable medical care you needed as a result of the crash. Some examples are ambulance transportation, emergency room, surgery, doctors, prescription medication, diagnostic testing, hospital, and physical therapy.
- Lost wages: You can collect compensation for the income you lost because of the wreck, including wages, salary, and self-employment.
- Reduced earning capacity: Motorcycle accidents can result in catastrophic injuries that can diminish your ability to make a living. For example, a severe head injury might cause you to have permanent cognitive challenges that could take away your ability to perform your previous job. If you cannot earn as much money as you did before because of your injuries, the difference in your income is compensable.
- Disability: Because a motorcycle rider has very little protection in the event of a collision, sometimes the severe injuries make it impossible for a person to work at all. If you are permanently disabled because of a motorcycle accident, we can seek damages for your loss.
- Long-term care: We can include the cost of long-term care in your damages claim if your injuries leave you in need of daily medical attention and personal care assistance.
Although they are not out-of-pocket losses, these damages represent legitimate harm you experienced. Some of the noneconomic losses from a motorcycle accident can include:
- Pain and suffering
- Psychological distress, depression, and anxiety
- Loss of enjoyment of life
Our Team Can Help You Get a Fair Motorcycle Accident Settlement
If you or a loved one sustained injuries in a motorcycle accident, contact S. Burke Law for help getting a fair settlement. Just call us at 404-842-7838 to set up your free consultation.