Even the best motorcycle helmet offers only a thin layer of protection against crash forces in a wreck. Unsurprisingly, riders are frequently left seriously injured after being struck by negligent motorists, and their lives are forever changed in the wake of these harrowing incidents.
If you were hurt while riding, it’s only natural to be confused about what to do next. You probably have several questions running through your mind: Should you file a personal injury claim? Is it worth hiring an attorney? How can you ensure that your case yields a payout? What are some of the steps you should be taking right now?
In this article, we answer a few of the most frequently asked questions to help give you clarity for the weeks ahead:
1. How Can I Prove Fault after a Motorcycle Wreck?
Before we answer this question, it’s important to note that you will only need to demonstrate liability if you are filing a third-party claim. Michigan is a “no-fault” state, which means that most of the damages stemming from a collision will be covered by your own auto insurance policy. However, there are many situations where such coverage might fall short, leaving you with no other option than filing a lawsuit against the at-fault motorist.
If this is the case, you will need to gather strong evidence to prove that the other driver(s) was negligent. Such proof might include photographs of the accident scene, helmet cam footage, surveillance camera recordings, eyewitness testimony, and the official accident report.
2. What Kinds of Damages Can I Pursue?
The answer to this question will depend on whether you are filing a first- or third-party claim. If you are seeking compensation from your own coverage, your payout will usually be limited to your medical bills, replacement services, and lost wages. (If you lost a loved one in an accident, you may be able to seek compensation for survivor’s losses.)
In a third-party claim, you will be able to pursue many other types of losses, including compensation for pain and suffering, loss of enjoyment in life, and emotional distress. However, to initiate a third-party claim, you will have to demonstrate that your condition meets the criteria of a so-called threshold injury. In most cases, that means you’ve suffered a serious impairment of body function that has affected your lifestyle. An attorney can help determine whether you have grounds for filing a third-party claim.
3. How Long Will I Have to File a Lawsuit?
Like most other states, Michigan has a strict time limit for those wanting to file a lawsuit after a wreck. In most cases, you will have up to three years from the day you were injured to take your case to court. Overshooting this deadline could leave you unable to recover compensation as without the threat of legal action, opposing parties will feel no pressure to settle your claim. However, many exceptions could either shorten or lengthen this timeline, so you should speak to an attorney as soon as possible to find out how much time you have left.
Speak to a Detroit Motorcycle Accident Attorney Today
Were you hurt in a motorcycle wreck? Turn to the legal team at Seva Law Firm to discuss your options. We’ve helped many accident victims recover compensation in the wake of devastating wrecks, giving them the funds they need to get their lives back on track.
Our goal is to help our clients achieve successful outcomes and provide support and guidance to ensure that proceedings are as simple and stress-free as possible. Dial (248) 385-5704 or head to our contact page HERE to lock in a free case review with a Detroit motorcycle accident attorney.
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