Key Litigation Issues in Motorcycle Accidents

Motorcycle accident litigation often involves issues like traffic and registration law compliance, medical expenses, and liability determinations. These are the common elements considered in litigating this sort of accident.

Most states have their own laws regarding traffic and safety in motorcycle riding. These often include the helmet law and other special laws. In California, for instance, motorcycle accident law permits lane splitting, a practice that allow motorcycle riders to pass between cars or vehicles.

In most states, road rules are contained in the vehicle code, which are designed to give drivers a guideline to follow in avoiding accidents. The vehicle code also contains the list of common road violations and their corresponding penalties.

To better understand how claims litigation is done in a motorcycle accident case, it is essential to know, the main issues in question during accidents.

In most motorcycle accident cases, the two main points of contention are:

• the liability between the parties involved

• how to compensate the party not at fault

Liability for causing of the accident

In any vehicle accident, liability means driving into, or striking someone, or some thing, because you were not obeying the rules of the road. Violations of vehicle laws do not necessarily lead to civil liability. To be held liable, the violation must cause or contribute to cause of the accident or injury.

Once liability has been determined based on violation of statute or laws of the road, and the violation resulted in an accident, a lawyer will then analyze the facts and look for any contributing factors.

Comparative fault

The law of comparative fault means each party will pay for their share of the accident that they caused by not following the rules of the road.

Each accident is different and requires first a study of the applicable statutes, then the facts of each accident. It is also important to combine all the investigation with this.

Once liability is established and the amount of comparative fault is determined, then the victim, who is non-negligent or partially negligent, is entitled to damages in accordance with what they did not cause.

Damages in motorcycle accidents are categorized into five main types:

• Property damage - Damage to the motorcycle or vehicle, rental, storage, and personal items lost or destroyed

• Personal injuries - Medical expenses incurred and "substantially" likely to occur

• Wage Loss - Lost income or earning capacity, use of vacation, or sick leave

• Other Miscellaneous - expenses to the doctors, medications, special medical devices, etc

• Pain and Suffering - amount designed to compensate you for pain, your personal suffering, inconvenience, and fear, etc.

In litigation, the client will be working closely with the accident attorney in three areas:

• Interrogatories – These are methods of verifying bills, claims of injury and damages under the so-called ‘verification of accuracy’. The client must provide all the information needed in response to the specific questions asked. It is better to be overly accurate than not accurate. He should answer all questions fully.

• Deposition - A deposition gives the defendant the opportunity to evaluate his claims, personality and effectiveness in facing the trial procedures.

• Offers: Offers are money for settlement given by an insurance company. Treat offers as if you are negotiating a business deal. Always communicate your opinion of any offers to your attorney.

Litigation in vehicle accidents often requires the skills of a competent motorcycle accident litigation attorney. A knowledgeable attorney who has litigation experience in motorcycle accidents cases can improve your chances of getting the rightful claim that you deserve.

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