When a rear-end motorcycle collision occurs, you have a number of options. You can file a lawsuit against the at-fault driver or attempt to settle with their insurance company. However, if negotiations do not go as planned, you may have no choice but to file a lawsuit.
Can you sue for a rear-end motorcycle collision? Sure you can.
Symptoms of a rear-end motorcycle collision
Rear-end motorcycle collisions can be extremely dangerous. Injuries to motorcycle riders can range from broken bones to maimed limbs. The force of the impact can also cause severe injuries to the rider’s head and face. This may result in traumatic brain injury and whiplash. If the collision is severe enough, it can even lead to death.
According to the National Highway Traffic Safety Administration, rear-end motorcycle collisions account for one-third of all fatal motorcycle accidents. In fact, the occupants of motorcycles are more likely to crash than the occupants of other vehicles. Rear-end collisions can also lead to a fall from the motorcycle or even cause it to fly off the motorcycle.
Rear-end motorcycle collisions can be fatal because the motorcycle is sandwiched between two larger vehicles. It is much easier for a motorcyclist to become sandwiched between two large autos in a rear-end collision than it is for a car driver.
Timeliness of filing a lawsuit
When filing a lawsuit for a rear-ended motorcycle collision, it is important to know the time limits for filing your lawsuit. In most cases, you have three years to file your lawsuit after the accident. This time period is often extended if the defendant leaves the state. However, in some cases, such as Georgia, it may be impossible to extend the deadline if the defendant had already left the state.
The time frame to file a lawsuit for a rear-end collision with injuries depends on the severity of the injuries that were sustained. The medical diagnosis, recovery time and the impact on the victim’s life are all important factors. Whether or not the injury has left scarring or long-term disability is another important consideration. Victims should be sure to gather medical records as they tell their story.
The legal process begins with discovery, where the parties exchange evidence and information. This process is the longest phase of a lawsuit and requires both legal teams to thoroughly review all the documentation, including police reports, witness statements and medical bills. It may also include interrogatories, which are lists of questions that a defendant may have to answer under oath in order to prove his or her case.
Evidence needed to prove negligence
A successful motorcycle accident lawsuit starts with proving negligence. Negligence occurs when a driver does not obey the law or act in a manner that put others at risk. This negligence caused a motorcycle collision and the resulting injuries and damages. An attorney can explain the laws of negligence and help you collect evidence to support your case.
To prove negligence, the plaintiff must show that the defendant owed them a duty of care and breached that duty. The breach must have caused injuries to the plaintiff. In some cases, the injuries can be both physical and financial. The plaintiff must go to the hospital shortly after the collision to document their injuries. This document is crucial when trying to prove that the accident caused the injuries.
Medical records from a reputable doctor are crucial for whiplash claims. In many cases, insurance companies are skeptical of whiplash cases, but it is important to provide good medical documentation to support your claim. Medical records will prove the seriousness of the injury.