Over time, personal injury lawyers end up accruing a long list of frequently asked questions from clients. One of the most surprising is: if I get into a motorcycle accident, do I still have the right to file a personal injury claim? Generally, motorcycle accidents are treated as an inevitability, not just a possibility. This perception leads bike owners to believe that when they get into an accident, they have no legal rights to compensation. Thankfully, that belief is false. Whether you have grounds for a personal injury claim depends on where the fault line lies.
How to Determine Who Is At Fault in a Motorcycle Accident
The majority of legal parameters apply even after a motorcycle accident. Personal injury is personal injury. Texas is a comparative fault state, meaning, as long as you are less than 50% responsible for the accident, you have the right to seek compensation for your injuries and other hardships you have experienced because of the incident.
That said, even as an owner of a motorcycle, there are types of compensation you can request. The compensation is divided into two categories:
- Economic Damages
- Non-economic damages
Have you ever wondered why a lot of bikers keep a journal and file all of their receipts? The answer is: they are receiving expert legal advice. Chances are if you were able to review a biker’s “legal” journal, it might read like nothing more than a laundry list of personal injuries. There is a reason for that.
As we said in the introduction to this article, a motorcycle accident personal injury case is perceived as inevitable. That fact is the driving force behind bikers keeping track of both injuries and expenses. If they do get into an accident and need to file a claim, they are already in the habit of supplying a burden of proof.
Of course, the scope of the journal entries and expenses has to be limited to the personal injury case in question.
Economic expenses include:
- Loss of earnings
- Loss of bonus or commission
- Travel costs due to your inability to ride or drive independently
- Medical costs
- Motorcycle repairs
- Specialist bills
- Litigation costs
- The cost of personal, live-in, or long-term care
Be as detailed as possible about your degree of injury, necessity of care, medication and treatment regimens, and financial losses. Include a loss of amenity if the accident resulted in you losing the ability to ride your motorcycle. Whatever you do;\, keep your requests reasonable to retain credibility and increase the likelihood of a ruling in your favor.
Motorcycles are very popular in the Amarillo, Texas area, where riders are not legally required to wear helmets. Stockard, Johnston, Brown, Netardus & Doyle, P.C., which serves the Texas Panhandle, has seen many motorcycle accidents occur. One of their exceptional personal injury attorneys can help you construct a comprehensive and reasonable claim for the pain, suffering, and various losses you experienced as a result of your motorcycle accident. Personal injury narratives matter, and Stockard, Johnston, Brown, Netardus & Doyle, P.C. can help you detail yours.