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Motorcycle Accident Claims

Posted on by Sri

With the increasing fuel prices, and not to mention the hours you spend in long traffic jams, many people decide to buy motorcycles. As we all know it, motorcycles are one of the most dangerous vehicles. Motorcycles require an extra degree of caution. Motorcycle accidents typically occur out of sheer negligence, be it your own or somebody else.  Either way there is someone responsible for the accident. The sad thing is that if a motorcycle is involved in an accident, they almost always end up seriously injured or in some cases, even dead.

While many people would automatically assume that the cause of motorcycle accidents is usually the rider themselves, there are ways that other motorists can be at fault. In order to get appropriate compensation, you have to prove that you are not at fault of the accident. Even if you are partly at fault of the accident, it is how you or your lawyer defends your case that matters.

Types of Motorcycle Accident Claims

Like any other kind of accident, victims are usually entitled to compensation or claims. In general there are two kinds of motorcycle accident damages: Special and General Damages. The general damages includes pain and suffering, permanent injury, shortened life expectancy, loss of loved one, loss of relationship, mental trauma and so on. In other words, these damages are intangible. The monetary value of such claim is harder to determine but is just as important. The special damage on the other hand includes medical expenses, loss of income and vehicle damages or replacement. These are tangible damages that you can easily calculate. The monetary value of such compensation will always be based on hard fact and solid evidence such as your medical bills, the value of your property and your monthly yearly income. Both of them are equally important when making a claim.

Not Sustaining Physical Damages

If you are lucky enough to escape death or to no suffer any scratched after a motorcycle accident, doesn’t mean that there is no case at hand. Psychological trauma is a valuable part of personal injury. You need to have a medical report backing up your claim for that matter. If your motorcycle was damaged because of the accident, you may also file for damage to property. Now, this is not going to be easy as some people usually immediately assume that you are at fault of the accident and even if you are partly at fault, you have rights to practice.

Determining who’s at Fault of the Accident

In all types of lawsuits, the party at fault of the accident must be determined immediately. Knowing who is liable for the accident is very important. If you accidentally slipped and a vehicle hit your motorcycle, then you can easily assume that the road is at fault of the accident. But it is not. The road is just partly responsible but the other driver is 75 percent at fault of the accident. Why? This is because all drivers are required to maintain control of their vehicle and in such case; the driver lost control of the vehicle and is quite inattentive when the accident happened. Now, there is also such thing as contributory negligence, wherein both the victim and the defendant is partly at fault of the accident. Now, this would be assessed by the court differently. For example, you are 25 percent at fault and the other driver is 75 percent at fault. In this case, you compensation will be 25 percent lower than expected, still you will entitled to compensation, which is determined by the types of damages you have attained. Nonetheless, seeking a legal advice would be more than appropriate.

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