If you’ve suffered road rash in a motorcycle accident, some of your friends and family members might say you’re lucky. You’re indeed fortunate to have survived the accident. You’re also fortunate you didn’t suffer any broken bones or severe internal injuries. But anyone who says you’re lucky to “only” have road rash probably hasn’t had the injury before.
A skilled motorcycle accident attorney knows how horrible severe road rash can be. They also know how to help their clients obtain maximum compensation. As you’ll learn in this article, hiring a lawyer will provide your best opportunity to get the money you deserve.
Understanding Road Rash
More than 180,000 riders suffered severe injuries in motorcycle accidents in 2020. Road rash is one of the most common injuries resulting from wrecks.
Road rash is a term used to describe the abrasions and injuries resulting from skin touching the road or pavement during a motorcycle accident. This type of injury occurs when a rider is thrown from their motorcycle and slides across the road surface. The severity of road rash can range from mild to severe, with potential complications including infections, scarring, and long-term skin damage. In some instances, road rash can be so severe it can threaten a victim’s life.
How an Attorney Investigates a Motorcycle Accident
If you’re going to obtain the compensation you deserve after suffering road rash in a motorcycle accident, you’re going to need proof you didn’t cause the wreck. Hiring a motorcycle accident lawyer will be your best chance of getting that evidence.
Investigating a motorcycle accident is a crucial aspect of building a solid case. A skilled motorcycle accident attorney will take a systematic and thorough approach to gathering evidence and establishing liability.
Here’s a detailed exploration of how these professionals conduct investigations into motorcycle accidents:
Initial Case Assessment
The attorney reviews all available information, including your account of what happened, police reports, accident scene photographs, and witness statements. This initial overview helps the attorney understand the accident’s circumstances, the extent of injuries, and potential factors contributing to the collision.
Accident Scene Reconstruction
A motorcycle accident attorney may turn to accident reconstruction experts in complex cases, particularly those involving severe injuries or disputed liability. These specialists use advanced techniques and simulations to determine factors that contributed to the accident, such as speed, angles of impact, and vehicle positions.
Expert Testimonies
Attorneys may consult with medical experts to provide testimony on the severity and long-term consequences of injuries. This is especially relevant in road rash cases, where understanding the potential for scarring and ongoing medical treatments is critical. These expert testimonies can significantly impact negotiations or trial proceedings.
Surveillance Footage
In some cases, surveillance footage from nearby cameras can be instrumental in reconstructing the accident. Attorneys may obtain and analyze such footage to gain additional insights into the events leading up to the collision. This visual evidence can be particularly valuable in disputes over fault or negligence.
Vehicle Inspections
Examination of the involved vehicles is another essential component of the investigation. Attorneys may work with mechanics or accident reconstruction specialists to inspect the motorcycles for any mechanical failures or defects that can have contributed to the accident. Identifying such issues is crucial in establishing liability.
Witness Interviews
Attorneys conduct thorough interviews with witnesses to gather firsthand accounts of the accident. In road rash cases, witnesses may offer insights into the conditions during the accident, such as the speed of the vehicles involved or the parties’ actions.
Liability Determination
A critical goal of the investigation is to establish liability. Attorneys analyze all collected evidence to determine who was at fault for the motorcycle accident. This assessment is essential for negotiations with insurance companies and, if necessary, for presenting a compelling case in court.
Preservation of Evidence
Timely preservation of evidence is essential in motorcycle accident cases. Attorneys preserve evidence, such as the damaged motorcycle and video footage, to ensure its integrity throughout the legal proceedings.
Negotiating With the At-Fault Driver’s Insurance Company
Negotiating with the at-fault driver’s insurance company is another critical phase in seeking compensation after a motorcycle accident. Motorcycle bias, a preconceived notion that motorcycle riders are inherently risk-takers or reckless, can pose challenges during these negotiations.
However, a skilled motorcycle accident attorney can overcome this bias and navigate the negotiation process to ensure fair compensation for the victim.
Understanding Motorcycle Bias
Motorcycle bias refers to stereotypical assumptions and biases about motorcyclists. There’s a prevailing perception that motorcycle riders are inherently more prone to taking risks and engaging in reckless behavior on the road. This bias can impact the assessment of fault in an accident and influence the insurance company’s hesitancy to provide you with fair compensation.
Overcoming motorcycle bias is crucial during negotiations, as it can affect the insurance company’s initial evaluation of the accident. The bias may lead to an unjust assignment of fault, potentially reducing your chances of getting the money you deserve. Insurance adjusters might be more inclined to place a higher level of blame on you, affecting the overall settlement offer.
The Role of a Skilled Attorney in Overcoming Motorcycle Bias
A seasoned motorcycle accident attorney is pivotal in addressing and overcoming motorcycle bias during negotiations. Here’s how:
Expert Testimonies
Medical professionals can provide insights into the severity and nature of injuries, while accident reconstruction specialists can offer a professional analysis of the events leading up to the accident. These expert opinions carry weight and contribute to a more objective situation assessment.
Communication Skills
Skilled attorneys excel in effective communication. They clearly and persuasively articulate the case details, emphasizing the human element and portraying their client as a responsible and law-abiding motorcyclist. Effective communication helps counter negative stereotypes associated with motorcycle bias.
Legal Expertise
A lawyer’s deep understanding of personal injury law, specifically in the context of motorcycle accidents, is invaluable. They’ll leverage their legal experience to counter any attempts by the insurance company to diminish your claim unfairly. They’ll also use their experience to challenge biased assessments and advocate for a fair and just resolution.
Negotiation Tactics
Skilled attorneys employ effective negotiation tactics to secure the best possible outcome for their clients. These tactics include presenting a persuasive case, anticipating and addressing potential biases, and countering any attempts by the insurance company to undervalue the claim.
Fighting for Your Rights in Court, If Necessary
There’s a slight chance your case won’t settle. About 5 percent of personal injury cases have to go to court. Even though your motorcycle accident attorney and the insurance company will likely agree to a fair settlement, your lawyer will be prepared should your case go to trial.
These are some of the steps that comprise the typical motorcycle accident trial.
Filing a Lawsuit/Discovery
The legal process starts when your attorney files a lawsuit against the at-fault party. They’ll draft and file the necessary legal documents to begin legal proceedings. This marks the formal beginning of the litigation phase.
The discovery phase is a pre-trial procedure where both parties exchange information and evidence relevant to the case. Attorneys gather and share documents, witness statements, expert opinions, and other pertinent information. This exchange is crucial for both sides to understand the strengths and weaknesses of their respective cases.
Depositions
The attorneys may conduct depositions during the discovery process. Depositions involve sworn testimony given by witnesses, including the involved parties and experts, outside of the courtroom. This process helps uncover additional details, clarify statements, and obtain insights that can be valuable during the trial.
Pre-trial Motions
Before the trial begins, attorneys may file pre-trial motions to address specific legal issues. These motions can request the court to dismiss specific claims, exclude evidence, or clarify legal matters. Skilled attorneys strategically use pre-trial motions to strengthen their case and shape the framework for the upcoming trial.
Trial Preparation
Thorough trial preparation is a cornerstone of fighting for your rights in court. Attorneys meticulously prepare by gathering evidence, identifying key witnesses, and formulating a compelling narrative. They develop a comprehensive strategy to present the case persuasively before a judge and jury.
Courtroom Arguments
The trial itself involves presenting the case in a courtroom setting. A skilled motorcycle lawyer employs effective courtroom advocacy skills, presenting evidence, questioning witnesses, and delivering persuasive arguments to establish the at-fault party’s liability and the extent of your damages. Courtroom advocacy is a dynamic and strategic process designed to influence the judge and jury in your favor.
Expert Testimonies
Expert testimonies often play a crucial role in establishing key aspects of the case. Medical professionals, accident reconstruction specialists, and other experts may testify to provide insights into the severity of injuries, the circumstances of the accident, and the long-term consequences. Expert opinions contribute to the overall credibility of your case.
Cross-Examination
Attorneys engage in cross-examination during the trial, challenging the credibility and reliability of opposing witnesses. Skillful cross-examination is an art that involves extracting favorable information for the injured party while undermining the opposing party’s case.
Closing Arguments
The culmination of the trial involves closing arguments, where attorneys summarize their case, emphasize key points, and persuade the judge and jury to rule in favor of their client. This final presentation is a critical opportunity to leave a lasting impression and secure a favorable outcome.
Post-Trial Motions and Appeals
Following the trial, attorneys may file post-trial motions to address any legal issues that arose during the proceedings. If the outcome is unfavorable, an attorney may pursue an appeal, seeking a review by a higher court. Appeals focus on legal errors or misinterpretations that may have affected the trial’s outcome.
Choosing the Right Motorcycle Accident Attorney for Your Case
Finding the best motorcycle accident lawyer will profoundly affect your case’s outcome. Here are a few essential considerations to keep in mind when making your decision.
Specialization and Experience
Seek an attorney with extensive experience in personal injury law, mainly focusing on motorcycle accidents. Experience in handling similar cases enhances their understanding of the unique challenges you may face.
Reputation and Reviews
Research the attorney’s reputation by reading client reviews and testimonials. A lawyer with a positive track record in handling motorcycle accident cases and a reputation for effective advocacy is likelier to achieve a favorable outcome.
Credentials and Licensing
Confirm that the attorney is licensed to practice law in your state. Additionally, check for any disciplinary actions or malpractice claims against them. Credentials, such as memberships in relevant legal associations, can further validate their skill.
A Track Record of Success
Ask about the lawyer’s track record in securing favorable settlements or verdicts for motorcycle accident victims. A successful history demonstrates their ability to navigate complex cases and achieve positive results for their clients.
Communication Style
Effective communication is crucial in motorcycle accident cases. Choose an attorney who communicates clearly, promptly responds to questions, and keeps you informed about the progress of your case. A transparent and open line of communication fosters trust and ensures you stay well-informed throughout the process.
Fee Structure
Understand the attorney’s fee structure. Your lawyer will likely represent you under a contingency fee arrangement, meaning you don’t pay unless they win your case. Clarify the percentage of your compensation they’ll receive, and ask about any additional costs associated with your representation.
The Initial Consultation is Critical
Take advantage of the initial consultation to assess the attorney’s understanding of your case. Discuss the details of your motorcycle accident, and find out as much as you can about their approach to handling similar cases. Also, try to get a feel for how comfortable you’ll be working with them.
Looking for A Client-Centered Approach is Essential
Choose an attorney who adopts a client-centered approach, showing empathy and a genuine concern for your well-being. A lawyer who prioritizes your needs and advocates for your best interests will contribute to a positive and supportive legal experience.
Accessibility
Finally, confirm the attorney’s availability and accessibility. Knowing you can reach your attorney when needed will provide peace of mind and ensure a smoother experience.
Get in Touch With a Motorcycle Accident Attorney Immediately
You must get legal help from skilled personal injury lawyers as soon as you can after suffering road rash in a motorcycle accident. If you act promptly, that will help increase your chances of obtaining maximum compensation.
