According to the Bureau of Justice Statistics (BJS), most personal injury claims resolve with an out-of-court settlement. Recovering a settlement outside of court can have some advantages. For example, claimants typically receive funds from an out-of-court settlement quicker than when their claim goes through the court system.
While you may not have to go to court for a motorcycle accident claim, you should nevertheless be prepared to do so if negotiations break down or another factor interferes with your settlement. A motorcycle accident lawyer from our firm can discuss any legal options available and advise you on the best path for your case.
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Recovering Compensation without Going to Court
A motorcycle accident claim typically begins with the victim trying to recover a settlement from the at-fault party’s insurance company. In an ideal scenario, the victim and their insurer agree to a fair settlement, resulting in a relatively quick and painless resolution of a motorcycle accident claim.
However, more often than not, insurance companies either haggle for every cent or deny a claim entirely, leaving an accident victim with no choice but to look for legal recourse. Either way, victims should consider getting in touch with a lawyer’s office as soon as possible after their accident.
We can help you assess any settlement offers from the insurer to keep you from getting short-changed. This can be crucially important, as some insurers may go to great lengths to try and preserve their profits. For example, they may use statements you give about the collision against you in order to minimize or deny your right to a settlement.
When Negotiations Fail
Sometimes, it will not be possible to agree on a fair settlement during negotiations with the applicable insurance companies. This is why victims should be prepared to take their claim further if they want to fight for what they deserve.
Complex motorcycle accidents in which a victim suffered catastrophic injuries and costly damages are often the most likely to end up in court.
While not necessarily the quickest solution, filing a personal injury lawsuit can work to a victim’s advantage and potentially help them recover a comprehensive settlement for their damages.
Parties You Could Sue in a Motorcycle Accident Claim
You could potentially sue several parties in your claim, depending on who is responsible for causing the accident and who is liable. According to the National Highway Traffic Safety Administration (NHTSA), around 94% of all accidents occur because of driver error. Drivers can act negligently in various ways, such as by:
- Driving while intoxicated
- Driving while distracted
- Failing to yield
It is important to note that while the overwhelming majority of accidents happen due to driver negligence, there can be other reasons for accidents. Other parties may be liable for accidents caused by:
- Vehicle defects
- Potholes in the road
- Commercial trucks
Suing the Government
If your motorcycle crash happened due to road damage, you could have a claim against the local government body responsible for the upkeep of roads. If a car or motorcycle defect was to blame, you could potentially sue a manufacturer and recover compensation.
In some motorcycle accident cases, more than one party is liable for the damages, such as a driver, an employer, and a car manufacturer. While these types of accidents can cause a headache for victims, a motorcycle accident lawyer from our firm knows how to identify all liable parties and go after them in a lawsuit.
If the At-Fault Driver in Your Claim Was Uninsured
Suppose the at-fault driver in your motorcycle crash was uninsured or underinsured. In that case, you may have no other option for recovering compensation than to file a personal injury lawsuit against the driver personally. This especially holds true if a victim does not have uninsured motorist coverage.
If you have no option but to go to court, consider hiring a lawyer from our firm to represent you and help you navigate a personal injury lawsuit from beginning to end.
Jacoby & Meyers Law Offices Can Fight for Your Right to Compensation
In most cases, going to court is not necessary. However, it’s not always avoidable if you want to recover damages. While going to court for a car accident will be entirely your decision, we understand that you may be hesitant about taking legal action. Handling a lawsuit on your own can be time-consuming, expensive, and stressful.
Contact Our Attorneys Today
Jacoby & Meyers Law Offices can help you determine whether you have to go to court for a motorcycle accident and what your next best steps can be. Let us handle your lawsuit, saving you stress while you are recovering from your injuries. Call us now to discuss your collision, injuries, and potential damages at (888) 522-6291.