Being injured in an accident is a traumatizing event, especially if it is likely to end up as a legal battle. When formulating a civil claim, you will want to know that you have taken all precautions to maximize your chance of success. There are ways of avoiding complications in a Memphis motorcycle accident claim, both before and after the accident, which will be to your benefit. A Board-certified motorcycle accident attorney like David E. Gordon can provide clarification.
When the Injured Motorcyclist Bears Fault
If the motorcyclist is completely at fault in an accident, then they are going to be responsible for whatever harm they caused. This is true even if the motorcyclist is severely injured. Partial fault might mean that they only recover some of the compensation they are seeking, but not all, as long as their share of the fault is not over 50 percent.
The insurance company might try to argue that the rider was not wearing a helmet and therefore bears the blame for their injuries. David can fight this assertion and make sure that the negligent defendant is properly identified as being responsible. It is highly suggested that all local motorcycle riders wear a helmet to avoid any complications with a potential claim.
How Does a Traffic Infraction Impact a Motorcycle Claim in Memphis?
A traffic infraction that is issued by a police officer in connection with an accident can impact a motorcycle injury claim in at least two ways.
- The infraction gives the other driver an argument that the accident was not their fault and therefore it should not be their financial responsibility.
- If the motorcyclist pleads guilty to the traffic infraction, then the guilty plea can be used against them in their injury claim. That is why it is important for an injured motorcyclist to contest their ticket if they expect to have any hope of financial recovery in the civil claim. Even if the traffic court ultimately rules against the motorcyclist, that ruling cannot be used against the motorcyclist in their claim for compensation. It is only when they plead guilty that the infraction can be used against them.
Best Practices to Avoid Complicating Claims
There are a few things that a motorcyclist in Memphis can do to avoid complicating their accident claims. First, the motorcyclist should avoid any conversation with the other driver at the scene of the accident. In an effort to be friendly or conciliatory, the biker might say something that could later be used against them. The best thing to do, after getting medical attention, is to call a lawyer. They should also refrain from posting anything on social media that might jeopardize their chance at gaining compensation.
Next, the motorcyclist should refuse to give a recorded statement to the at-fault driver’s insurance company. The company is likely to call them soon after the accident to request a recorded statement about how the incident happened and what injuries they sustained. The adjuster will seem friendly and give the appearance of trying to help the motorcyclist, but the truth is that the adjuster’s objective is to get the motorcyclist to say something on the record that can be used against him or her. By shifting liability to the injured biker, the insurance company reduces the amount of money they have to pay out, potentially eliminating the need to pay anything at all.
Learn How to Avoid Complications in a Memphis Motorcycle Accident Claim with an Attorney
Do not let your personal injury claim be weakened by a simple mistake. Be cautious after an accident and avoid speaking to anyone without legal help from David E. Gordon. And if you are ticketed with a traffic violation for the incident, it is in your best interest to fight it. Call now to learn more about how to improve the odds of your case.