Can You Make A Personal Injury Claim If Hurt While Riding A Motorcycle?
You may have been injured while riding a motorcycle, either as the passenger or the driver, and now wonder if you could sue to reclaim some of the financial burdens on you due to lost wages and medical expenses. Yes, you are able to sue if you can prove there was negligence on the part of the person or entity you are planning to sue.
There are many different causes of motorcycle accidents and you need to prove that the accident wouldn't have happened if certain conditions weren't in place. Here are some reasons you can file a personal injury lawsuit if you were hurt in a motorcycle accident.
Driver Was Operating The Motorcycle Recklessly
If you were the passenger on a motorcycle that was involved in an accident and now you are injured and can't work or enjoy life the way you should, you could sue the driver of the motorcycle if you can prove they were driving recklessly. Most drivers do drive responsibly and are experienced drivers, but in some cases, the driver may have been speeding, driving erratically such as weaving in and out of traffic, or changing lanes too frequently.
If this is the case, you may be able to file a personal injury lawsuit and get compensation for the injuries caused due to the reckless driving of the operator.
Unavoidable Collision With Other Vehicle
If the accident was caused by an unavoidable collision with a car or other vehicle, it's possible to file a personal injury lawsuit against the other driver involved in the accident. If you can prove they changed lanes and cut your motorcycle off and caused you to swerve and lose control, you could be entitled to compensation. This can be proven by dashcam footage, body camera footage, and witness statements.
If a car or truck didn't give right of way at a stop sign, tailgated your bike, or even pulled in front of you too closely and you or your motorcycle driver lost control, you can potentially have a personal injury case.
Road Conditions
It is possible to sue an entity like the city or state if the road condition was poor and caused the accident. In this case, you would have to prove that the road was in an unsafe condition such as large unfilled potholes, uneven surfaces, or cracks or erosion on the road that can make it unsafe to drive on for motorcycles.
It's possible to also file a personal injury claim against a city if you drive your bike in the winter months and the road hasn't been plowed in a reasonable period of time or if the roadway is icy. You will need to discover which level of government is responsible for the road maintenance and snow clearing in your city or town in order to file your lawsuit against the correct party.
Reach out to a personal injury lawyer to see if you have a case.
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