Posted on: 10 December 2015
If you have been involved in a motorcycle accident, you have likely sustained a number of injuries. If another party had any fault for the accident, you may be able to file a personal injury claim and receive compensation for your medical expenses, pain and suffering, permanent disabilities and lost wages. A motorcycle accident lawyer can help you with such a claim. However, you may have some questions as to whether you can file a claim or not in certain situations. Here are three common situations you may find yourself in and whether you can file a personal injury claim or not.
Can a Personal Injury Claim Be Filed if the Motorcyclist Had Some Fault in the Accident?
Not every accident is only one driver's fault. In some cases, both parties may have some liability in the accident. One party may have been speeding and another may have turned against a red light. If you had some fault in the motorcycle accident that caused your injuries, you may be unsure as to whether you can file a personal injury claim. If you have some fault, but not all of the fault, you are able to file a claim against the other party for their fault in the accident.
However, it is important that you understand that the percentage of fault will affect your settlement. For example, if your medical bills amount to $50,000 and you have 50 percent of the fault in the accident, you can only recoup 50 percent of your medical expenses from the other party. Police reports and insurance companies can be used to determine how much fault each party has.
Can a Personal Injury Claim Be Filed Against the County or State if Poor Road Conditions Lead to the Accident?
If you are riding your motorcycle accident down the street, hit a pothole and go flying off, you may wonder if you can bring a case against the county or state. A personal injury claim can be filed against the county or state if they do have some fault for the accident. Some factors that may cause an accident include debris, poor road conditions, poor drainage and even no lighting. If the county or state should have been aware of an unsafe road condition, and did not fix it, and you were injured, a claim can be brought against the entity in charge of road maintenance. While most people fear filing a claim against the government, legally, they have an obligation to ensure safe road conditions for all motorists, including motorcyclists.
Can a Personal Injury Claim Be Filed if the Other Driver Doesn't Have Automobile Insurance?
If a driver hits you, and doesn't have insurance, you may be unsure if you can file a personal injury claim. A claim may be filed against another driver, even if they do not have automobile insurance. That other driver is still responsible for the damages that they caused. However, be aware that should you pursue legal action against them, it can be difficult to collect if they don't have any money or assets. A personal injury lawyer or motorcycle accident lawyer can help you in this situation.
Typically, if another party has any fault for your accident, and you were not engaging in illegal activities at the time of your accident, you are able to bring a personal injury claim against the other responsible party. A motorcycle accident lawyer can help evaluate your claim during a consultation and advise you as to whether you have a claim or not. If you have any questions as to whether you have a compensable personal injury case, schedule a consultation with a law firm like Arrington Schelin & Munsey PC.Share