My name is Arlene, and two years ago, I was involved in a car accident that wasn't my fault. I had some injuries that required a hospital stay, and I was unable to return to work for several weeks. I didn't know how I was going to pay my bills, and it was very stressful for me. My friend told me that I needed to hire an accident and personal injury attorney so I could recover my lost wages and medical costs. I was so glad that I hired the attorney, and my stress level immediately went down. Through the attorney, I was able to get a settlement, and I was no longer in financial trouble. I am writing this blog to let everyone know the importance of hiring an attorney after an accident. It's my wish that this blog will help others who are in similar situations.
If you've been riding a motorcycle for any length of time, you've probably seen it happen at least once: a car and a motorcycle are on the road together and the car's driver makes an error that causes the motorcyclist to swerve and lose control, crash into something, or even lay down the bike. In these types of accidents, where there's no actual contact between the car and the motorcycle but the motorcyclist ends up with serious injuries, can the driver of the car still be held responsible? Absolutely. This is what you should know if it happens to you.
Did the driver of the auto act in a negligent way?
The key to the claim is proving that the driver of the car is at fault for the accident—which means proving that he or she was negligent in some way. In other words, did the car's driver fail to take the same reasonable precautions and ordinary care that is expected of all drivers on the road? Some examples of negligence include things like sliding through a stop sign or drifting into a passing lane without checking to see if anybody (like the motorcyclist) is already there.
Was that the cause of your injuries?
You also have to show that your injuries are the direct result of the other driver's negligence. In practical terms, that means showing that you really couldn't have avoided some sort of accident—no matter what you did. For example, if you decided to lay down the bike, you may be asked to prove that you didn't simply panic and cause the accident yourself.
How can you prove these things when there was no contact between the vehicles?
There are a lot of different ways that you can prove that the car's driver was negligent and that the accident couldn't have been avoided. For example, an accident reconstruction expert can recreate the scene through the use of forensic evidence like police photographs, skid marks, the final resting places of the vehicles, and evidence obtained from traffic cameras to demonstrate that your only options were to lay down the bike or crash. Witness testimony can also be important in cases like this. There may be other drivers, passengers, or bystanders who saw the accident and are able to testify about the events that led up to your accident.
How do you know if you have a viable case?
Consider contacting an attorney who has experience specifically with motorcycle accidents to discuss the details of your case. An attorney, such as those at Cok Kinzler PLLP, may better understand the mechanics of the situation and the methods that can be used to prove your claim.