7 Common Errors in Motorcycle Accident Lawsuits and How to Avoid Them

Are you preparing to file a motorcycle accident lawsuit? If so, you’re probably on edge about what you have to do right.

There are a lot of things to watch out for if you want to win your case. Below, we discuss the top errors in motorcycle accidents lawsuits people make when filing a lawsuit.

Keep these things in mind as you prepare to start your case.

1. Failing to Obtain Names and Contact Information

If a motorcyclist involved in an accident is unable to give the necessary info, it can be difficult, if not impossible, to set up key elements. To avoid this mistake, finding the necessary names and contact information of anyone involved or who witnessed the motorcycle accident at the scene is important. A quick follow-up is best if the necessary information cannot be obtained.

This can be done by speaking to the local police department, eyewitnesses, or those involved in the accident. This will help you to get the necessary added information. Having the right names and contact information is the building block of any successful motorcycle accident lawsuit, so it’s important to take the time to get them right.

2. Failing to Obtain a Copy of the Police Report

Police reports are essential motorcycle accident lawsuit documents that outline the details of the accident. Without this crucial document, it can be difficult for an attorney to prove the other driver’s liability, which is the key to a successful motorcycle accident lawsuit. To avoid making this mistake, those involved in an accident should always ask for a copy of the police report as soon as possible.

If a lawyer is hired, they should ensure they make this ask straight away for they have all the evidence they need to build a strong case. Failing to get a police report can be a costly mistake as it could mean a weaker case, or worse, a complete inability to pursue a lawsuit. It’s therefore integral that a copy of the report is obtained as soon as possible to give yourself the greatest chance of a successful outcome.

3. Not Recognizing the Correct Insurance Coverage

When a motorcycle rider is injured due to another driver’s negligence, the rider often has the right to pursue recovery through a personal injury claim. It’s important to find out whether the driver has liability insurance coverage. This is where it can cover the costs associated with the damages incurred as a result of the accident.

If this is the case, the rider should be aware of the coverage types, limits, and deductible amounts associated with their policy. They need to be able to prove those to the insurance company for claim consideration.

4. Not Hiring an Experienced Motorcycle Accident Attorney

Any motorcycle accident victim must hire an experienced motorcycle accident attorney. This is to make sure that they are compensated for their damages. Not hiring an attorney typically results in common errors when filing a claim or lawsuit, leading to lost opportunities and wasted time.

Without proper representation, victims may get a much lower settlement than they deserve. It is also particularly important to hire a lawyer that is experienced in motorcycle accidents.

They have expertise in the area and can properly represent those involved in a collision. To avoid making any errors and get the best possible outcome in your motorcycle accident case, call this motorcycle accident attorney.

5. Not Preserving Evidence

Without solid evidence of the accident, it can be difficult to set up liability. This could result in lower compensation or even a lawsuit dismissal.

A motorcyclist’s best bet is to preserve physical evidence after an accident. This includes items such as their damaged clothing, the helmet, and any bike parts affected by the accident, as well as photos and videos of the scene. 

6. Not Pursuing All Eligible Sources of Compensation

Accident victims often fail to seek compensation from all possible sources, including the at-fault driver’s insurer and their own uninsured or underinsured motorist coverage. To avoid this, it is important to know all available sources of compensation. This includes health care costs, lost wages, pain and suffering, and property damage.

Additionally, a motorcycle accident victim’s insurance policy may contain coverage for medical bills, lost wages, and other costs that are related to the accident. It is important to review the policy carefully and determine if any coverage is available. Lastly, pursuing a third-party lawsuit may be necessary to recover compensation from the at-fault driver’s insurance. 

7. Not Following Up After Treatment With the Doctor

It is important to attend all doctor’s visits, make all necessary follow-up appointments, and follow the doctor’s orders. Keeping copies of all medical records and having a complete list of all treatments received is essential. Furthermore, it is important to disclose all previously existing injuries and health conditions at the time of the consultation.

Ignoring advice from the doctor, delaying treatment, and failing to adhere to doctor’s orders can put a motorcyclist at risk for further harm. It may be used against them in court.

To avoid this common error motorcyclists must regularly consult with their doctor. Take all necessary precautions. Having complete documentation of all medical records and treatments is also key.

Biggest Errors in Motorcycle Accident Lawsuits to Avoid

Motorcycle accident lawsuits can be incredibly complex. The nuances and knowledge of the law can make all the difference. Having the right attorney is key to ensuring your case is handled correctly, and your rights are protected.

Avoid these errors in motorcycle accident lawsuits to get your best chance to maximize your recovery and get the justice you deserve. A full understanding of the legal process, including the necessity of prompt action, accessibility of records and documentation, and clear communication with all interested parties is an important part of motorcycle accident litigation. 

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