In addition to being physically and mentally traumatic, serious motorcycle accidents tend to be extremely expensive for the riders unfortunate enough to get injured in them. Between medical expenses, damage to your motorcycle, and the potential that you might have to miss work while recovering from your injuries, a single wreck could end up costing you tens or even hundreds of thousands of dollars—to say nothing of how impactful non-economic losses like physical pain and psychological distress can be.
Fortunately, it’s often possible for you to get money from a motorcycle accident through not just insurance coverage but a lawsuit or private settlement demand against someone else involved in your crash. As an experienced motorcycle accident lawyer at OnderLaw can further explain, there’s a lot you’ll need to do to make someone else pay for your accident-related losses through the legal system.
The Basics of Legal Negligence
The most straightforward answer to the question, “Can you get money from a motorcycle accident?” is yes, but only if you can prove someone else was legally at fault for causing that accident. This typically means proving that the other person was negligent—in other words, that they did something irresponsible or illegal, or failed to act safely, and directly caused your crash. You also have to prove that the injuries you endured were a direct consequence of that wreck.
Various actions could potentially count as a breach of the duty all drivers have to act lawfully and responsibly around other people while driving—from a traffic offense like speeding or running a stop sign to something simply careless like glancing away from the road at the wrong moment. It’s worth noting that, with limited exceptions for extreme carelessness or intentionally malicious conduct, courts don’t award extra compensation to injured people based on how subjectively bad someone else’s negligence was. Any negligent act can be the basis for a civil claim.
Holding Someone Else Liable for Specific Losses
People who cause motorcycle accidents through negligence are only responsible for paying for losses they directly caused through their actions or inaction—and more specifically, losses that likely wouldn’t have happened if they had acted safely. This means you can’t demand compensation through a motorcycle accident claim for injuries you had before the wreck. However, you may be able to recover compensation for losses caused by a pre-existing injury becoming significantly worse due to your accident.
Through a lawsuit or settlement demand, you may be able to get money after a motorcycle wreck for both financial and personal losses like:
- Lost work wages or future earning ability;
- Physical pain and discomfort from injuries;
- Lost enjoyment/quality of life, including lost consortium;
- Past and future medical expenses for crash-related injuries;
- Psychological and emotional suffering caused by injuries or the accident as a whole; or
- Personal property damage not covered by insurance, plus related costs like rental car fees.
A qualified and trusted legal professional at OnderLaw can help you determine what damages you might be able to recover for in your unique situation. Our team of attorneys can also assist with valuing and proactively demanding compensation for those losses, and helping you to avoid common legal obstacles like comparative fault, which might reduce the total value of your claim.
Call today to discuss your options with one of our compassionate lawyers. At OnderLaw, we don’t just take on cases; we take on causes. Let us take up yours.