Accident victims who cannot recover an adequate settlement from the at-fault party’s insurance (or are dealing with an uninsured driver) may wonder whether they can sue for a rear-end motorcycle collision.
Generally, if you suffered injuries and motorcycle damage in a rear-end accident with a negligent driver, you could potentially sue them via a personal injury lawsuit and recover compensation.
Negligence in Rear-end Motorcycle Collisions
Typically, the driver in the back is at fault for a rear-end collision, although there can be some exceptions. Negligent reasons for crashing into the back of a motorcycle can include:
- Speeding
- Tailgating
- Texting while driving
- Driving fatigued
- Driving drunk
One way to determine whether you can sue is to speak to a motorcycle accident lawyer for help and advice.
Negotiating With the Insurance Company
While we typically assume that rear-end accidents are not as serious as other types of motor vehicle crashes, this is not always the case for motorcycles. Even a minor rear-end collision can throw a biker off their motorcycle with potentially devastating and even fatal consequences.
The financial implications of rear-end collisions can have a long-term impact on a victim and their family. Insurance Information Institute (III) asserts that income losses and medical costs following motorcycle accidents can be astronomical.
What to Expect from Negotiations
Victims will typically try to get their due from the at-fault driver’s insurance company in the first instance. However, do not be surprised when the settlement offer from the insurance is far below what you expected and what you need. Insurance companies usually work in their own best interests and not in yours.
Therefore, they will try to keep any payouts as low as possible.
When you receive a lowball settlement offer from the negligent driver’s insurance company, speak to a motorcycle accident lawyer as soon as possible and discuss your next steps. Consider that if you agree to a settlement, you sign away your rights to legal recourse.
You Have Options if the Insurance Company Will Not Pay Fairly
If the settlement does not cover all your present and future damages, the insurance company’s unwillingness to pay you fairly could leave you paying for the remainder of your losses out of pocket. However, your attorney can handle the insurance company and negotiate for a fair settlement on your behalf.
Most importantly, if the insurance company is unwilling to compensate you adequately, your motorcycle accident lawyer can take your claim to court and fight for your rights.
Filing a Lawsuit
If you are looking to sue for a rear-end motorcycle collision, you will require evidence proving the other driver’s fault. Such evidence can include (but is not limited to):
- Photographs of the accident scene and all vehicles involved
- Statements from eyewitnesses
- Police accident reports
- Dashboard or traffic camera recordings of the accident
- Evidence of your injuries, such as medical reports
- Evidence of financial losses and damages, such as receipts and pay stubs
A motorcycle accident lawyer can help you gather crucial evidence that proves another driver’s negligence. They can also help you identify evidence proving your damages and financial losses.
Filing the Formal Complaint
As part of filing an official lawsuit, you and your lawyer will file the official formal complaint against the at-fault driver. The complaint should explain:
- How the rear-end motorcycle accident happened
- What your injuries and damages are
- The settlement that you are requesting for those damages
The formal complaint is an important official document, and as such, you may wish to have it drafted with the help of your motorcycle accident attorney. They can make sure that all the pivotal information is included and laid out appropriately in the document.
Once you and your attorney have filed the formal complaint, your lawsuit is initiated. At that point, you would wait for a response from the defendant in your case. While this does not necessarily mean that the case goes all the way to trial, filing suit shows the negligent party and their insurance company that you are serious about fighting for your due.
Jacoby & Meyers Law Offices Can Help You Sue a Negligent Driver
While the American Bar Association (ABA) states that most personal injury claims are settled out of court, filing a lawsuit can potentially help you get what you deserve. This rings particularly true if the at-fault party’s insurance company is unwilling to agree to a settlement that covers all your damages.
However, you do not need to attempt to file a lawsuit on your own. Jacoby & Meyers Law Offices can guide you through every step of your claim, making sure to protect your legal rights and fight for what you deserve. We have a track record of litigating motor vehicle accidents and helping our clients recover their due.
Contact Our Attorneys Today
The time for suing for a rear-end motorcycle collision usually has a limit. Start the process of getting justice and compensation today. Call Jacoby & Meyers Law Offices now for a free, no-obligation case review at (888) 522-6291.