Motorcycle Crash Victim Rights
I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.
Today’s question comes from a caller concerned about obtaining damages for injuries suffered in a motorcycle crash that was not his fault.
Motorcycle crash victims have the same right to bring a lawsuit as other motor vehicle accident victims.
Motorcyclists, likewise, are entitled to recover for pain and suffering and other economic damages.
However, there is an essential difference between motorcycle crash cases and car-to-car or car-to-truck cases.
Motorcyclists are more susceptible to injuries due to the lack of protective barriers between them and other vehicles.
Because of this, motorcycle accidents often result in severe and permanent injuries, such as broken bones, road rash, traumatic brain injuries, neck and spine injuries, paralysis, and other catastrophic injuries.
Like other injury claimants, the motorcyclist must prove the at-fault driver’s negligence and must prove that the crash caused the claimed injuries.
The severity and impact of a motorcyclist’s injuries will influence the recovery that can be made in any particular case.
Lastly, it is unfortunate, but sometimes, we find that a bias against motorcyclists may exist within the minds of persons called to serve on a jury. Such bias could negatively affect the outcome of a lawsuit. However, a skilled attorney should be able to overcome such a bias.
Every motorcycle accident case is unique, and it’s essential to consult with an attorney to determine the best course of action for any situation.
Any early consult with an attorney soon after a motorcycle crash will best serve the injured motorcyclist and enable them to protect their interests and obtain the compensation they deserve proactively.
I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com. While there, make sure you request a copy of our book “Fighting for Truth.”
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