Whether you can sue for a rear-end motorcycle collision can depend on a variety of factors, including:
- Fault and negligence of the other driver
- Significance of your injuries
- Amount of property damage
- The relevant insurance policies
If you only suffered minor injuries or merely damage to your motorcycle, you may not wish to file a lawsuit as you could potentially recover damages via an insurance claim. However, if you experienced a serious crash and suffered significant and perhaps life-altering injuries, and the at-fault party’s insurance tries to minimize or deny your claim, you should consider legal action. A motorcycle accident lawyer from our firm can advise you on whether you can sue for a rear-end motorcycle collision and what your best course of action may be for pursuing compensation for your damages.
Recovering Your Due from the Insurance Company
If you live in a no-fault state, your first best step can be to contact your own car insurance company to recover compensation for your financial losses after a rear-end accident. However, if you do not live in a no-fault state or your damages far exceed your own insurance coverage, you can file a claim with the at-fault driver’s insurer. In theory, the insurance company should pay your bills for medical care, motorcycle damage, and other accident-related expenses.
However, the theory can differ vastly from reality, and accident victims can be left with a stack of bills after an accident. Even in a clear-cut case such as a rear-end collision, the insurance adjuster may dispute your damages and try to reduce your claim.
Moreover, if there is any doubt about the fault of the other driver, their insurance company will likely take their side. If this happens, you could have a long and frustrating battle on your hands. Connecting with a motorcycle accident attorney as soon as possible after an accident can be helpful for protecting your legal rights.
Filing Suit Against a Negligent Driver
If the insurance company is unwilling to agree to a fair settlement, you may have no other choice but to sue the driver personally, especially if you have serious injuries and sky-high expenses connected to the accident.
Timely action can be crucial for recovering compensation as many states set strict deadlines for personal injury claims. A motorcycle accident lawyer from our firm can determine the best timing for your lawsuit and help you file the formal complaint against the other driver. The complaint initiates your lawsuit and will include information about the accident and the damages that you will be seeking.
After filing the formal complaint, you and your attorney will await a response from the at-fault party, the defendant in your claim. It is important to note that even after filing a lawsuit, an out-of-court settlement is still possible. Most personal injury claims are resolved out of court, according to the Bureau of Justice Statistics (BJS).
Proving Negligence in Rear-End Motorcycle Crashes
In order to have a chance at recovering damages, you and your attorney will aim to prove the negligence of the other driver. While in rear-end collision, fault can be easy to establish and typically falls on the driver who crashed into the motorcycle, this is not always the case. Negligent reasons for rear-ending a motorcycle can include, among others:
- Following too closely
- Driving distractedly
- Driving under the influence of alcohol or drugs
- Violating traffic laws
- Driving aggressively or recklessly
Evidence that you may need to provide in order to prove another party’s negligence and fault for your accident and injuries can include:
- Photographs of the accident and vehicles
- Police report
- Eyewitness statements
- Medical reports as evidence of accident-related injuries
- Evidence of other losses such as loss of wages and motorcycle damage
Speak to an Attorney at Laborde Earles Injury Lawyers for Free Now
Dealing with a motorcycle accident claim on your own can be stressful and overwhelming, especially if you are still recovering. However, we can help you fight for compensation and deal with the legal aspects of your case while you focus on healing from your injuries. Call Laborde Earles Injury Lawyers now at (337) 777-7777 to begin.