You are a passenger on a motorcycle that gets into an accident, you’ll recover personal injury damages against the motorcycle operator, the opposite car involved (if there’s one), or both, depending on the circumstances. You would possibly even be ready to bring a products liability (defective product) claim against the motorcycle manufacturer if some defect or fault within the motorcycle caused the accident. Automobile personal injury cases are generally easier to prosecute than other sort of personal injury cases because there is rarely any possibility of finding the injured passenger to be guilty. Read on to learn more about these kinds of cases.
The Motorcycle is that the Only Vehicle Involved in the Accident:
If the motorcycle is the only vehicle involved in the accident, your claim is going to be against the motorcycle operator. As in any negligence case, the person bringing the claim must be ready to prove two things to win the case: liability (who was at fault) and damages (how badly the plaintiff was injured). If you’ll prove that the motorcyclist was negligent, you’ll win the case.
There are two main causes of 1 vehicle motorcycle accidents:
- The motorcyclist negligently crashes (wipes out) or hits something, sort of a tree or a parked car.
2) The motorcycle crashes or hits something due to a mechanical defect or fault within the motorcycle. If a motorbike crashes during a one-vehicle accident, there’s nearly always going to be negligence or a defect somewhere. Either the motorcyclist was negligent, or the motorcycle was defective.
You are Involved during a Two-Vehicle Motorcycle Accident:
If you’re a passenger on a motorbike that gets into an accident with another vehicle, you’ll generally file claims against both the motorcycle operator and therefore the other car involved unless it’s completely clear that just one of the operators was guilty.
It is important to understand that a two-vehicle motorcycle accident can occur even when the motorcycle doesn’t hit the opposite car. If, for instance, a car negligently cuts off the motorcycle in traffic and causes the motorcyclist to wipe out, the driving force of that car is going to be susceptible to the motorcyclist and his/her passenger for any damages they suffer.
But if the negligent driver flees the scene and isn’t found, you’d not be ready to claim that driver. You would possibly be ready to claim with the help of motorcycle accident lawyer Denver for a successful and run accident under your and/or the motorcyclist’s uninsured driver policy if the policies leave such a claim.
Taking Liability and Damages under consideration:
To value a motorbike accident case, you’ve got to think about two things: liability and damages. Liability means who was guilty of the accident. If there’s no liability, either because the one that hit you wasn’t negligent, or because you merely can’t prove that the opposite driver was negligent, your case won’t be worth considering. This is often because it’s always the plaintiff’s burden of proving that the defendant was negligent. So, if the opposite driver wasn’t negligent, he or she doesn’t owe you anything. (Learn more about Proving Fault for a Vehicle Accident.)
Damages have got to do with the injuries and other losses that you simply suffered about the accident. The more significant the injury, the upper the number of compensable injury damages.
Let’s see out a few examples to determine how, generally, liability and damages work together to affect the worth of a motorbike accident case.
Let’s say that you simply were rear-ended while you’re standing still at a red light expecting the sunshine to vary, but that you simply didn’t get hurt, and your motorcycle didn’t incur any damage. The one that hit you was negligent – rear-ending someone may be a pretty clear cut case. But if you didn’t get hurt and you didn’t suffer any property damage, you probably did not suffer any compensable damages, then you’d haven’t any case. You would possibly be ready to accept a bit, simply for your trouble, but nothing quite a nominal sum.
Let’s now take the other example. Let’s say that you simply were involved during a motorcycle accident during which you suffered very serious damages, but that the driving force of the opposite car involved was almost definitely not negligent. The accident could are your fault. During this example, any settlement may additionally be rather small. If the defendant wasn’t negligent, his/her insurance firm isn’t obligated to pay you anything. Once more, you would possibly be ready to accept a little amount, but, if you truly can’t prove that the opposite driver was negligent, the insurer goes to be impossible to settle the case for love or money substantially.
How attorney’s Denver Personal Injury Can Assist Denver Accident Victims?
Those who are injured need to look for expert Motorcycle Accident Attorneys Denver on your side who understands what they’re browsing and may help them to guard their legal rights. For quite 20 years, the experienced Personal Injury Attorney Denver are representing accident victims, helping them get the justice to which they’re entitled under the law.
Personal injury or any such cases are often brought in any situation where someone is injured by the negligence of another person, company, or entity. Those cases aim to form sure that injured victims are “made whole.” Having a knowledgeable personal injury attorney in Denver on your side is that the best thanks to making sure that the laws work as they might guard you. I wish you all the luck that prevails!