Generally, a motorcyclist who has been involved in an accident needs a motorcycle accident attorney if another party caused the incident and the motorcyclist wants to claim compensation. Although in some cases riders who are in a motorcycle accident and suffer minor injuries don’t need a lawyer, motorcyclists usually need to seek legal assistance in the instances cited below.
When Injuries are Serious
In a motorcycle accident, the rider is usually more likely to suffer injury than occupants of a passenger vehicle. After all, the rider has to absorb the whole impact of the crash unlike the passengers protected by the shell of the car. In many instances, the rider suffers serious injuries that require hospitalization and subsequent medical care.
In such cases, the victim’s priority should always be to recover his or her health and then concentrate on the claim case. But on the other hand, it is also imperative that evidence pertaining to the accident is gathered as soon as possible else it is lost. Eyewitness memories may fade or the tire tracks may get washed away in rain. So the motorcycle victim should seek the help of a reliable motorcycle accident attorney.
When Establishing Fault is Difficult
The negligence and fault of the other party is not always apparent in a motorcycle accident. This may be the case if there is a lack of eyewitnesses who can provide an account of the circumstances that led to the accident. False statements by the at-fault party or deliberate concealment of evidence in an effort to evade liability can also make establishing negligence more difficult.
In the case of defective product claims, the claimant needs to provide evidence of the design or manufacturing defect of the motorcycle. This needs considerable engineering expertise, familiarity with the parts of a motorcycle and how they should work together, and experience dealing with motorcycle accidents. A motorcycle accident attorney can secure testimony from experts in this field to help establish that the product was defective.
When the Plaintiff Cannot Handle the Legal Intricacies of the Case
Accident laws are complex and there is a plethora of statutes that can prevent a plaintiff from recovering compensation if he or she does not file the right documents and follow the appropriate legal or claims process.
Again, an accident victim may have to deal with medical liens from healthcare service providers and wade through a lot of complex lien laws. A layman usually does not have the requisite training to handle such legal matters. That is why riders who suffer a motorcycle accident and injuries should hire a lawyer.
When the Insurance Carrier is Making Financial Recovery Difficult
It is in the interest of the insurance carrier of the at-fault motorist to dispute the claims of the plaintiff so that they do not have to pay the compensation amount.
Insurance adjusters may use a number of tactics to:
- delay payment;
- reduce claim amount; or
- outright deny the claim.
Claimants should talk to an attorney if the adjuster is making financial recovery difficult.