Although many blame motorcyclists for unsafe driving habits, motor vehicle drivers are often at fault for wrecks. When a motorcycle collision does occur from the carelessness of another motorist, bikers are far more likely to be severely injured due to the size of the other vehicle and lack of vehicle protection. In the aftermath of a catastrophic crash, you could seek help from an Olive Branch motorcycle accident lawyer to evaluate your case.
Aggressive, careless, and reckless driving maneuvers can lead to disaster for motorcycle riders. With no seatbelts, airbags, or vehicle walls to protect them, they are especially vulnerable to the impact of much larger motor vehicles. Personal injury attorney David E. Gordon can be instrumental in ensuring that you obtain compensation when the actions of others have caused you devastating injuries.
Common Injuries in a Motorcycle Accident
Personal injury claims arise from road accidents when motorcycle riders sustain severe injuries. Even the smallest passenger vehicles are many times the size of a motorcycle, and riders have little to protect them from these crashes, even when wearing protective clothing. As a result, motorcycle riders and their passengers can experience catastrophic injuries that can leave them permanently impaired.
Motorcycle riders can sustain a wide range of injuries, including brain trauma, multiple broken bones, amputation of limbs, and spinal cord conditions. These injuries could even prove to be fatal, in which case a wrongful death claim can be filed. No matter the circumstances leading to the crash, individuals who suffer from these injuries could benefit from consulting a motorcycle wreck attorney in Olive Branch.
How Should Injured Motorcyclists Handle Their Medical Treatment?
One of the most important things for injured motorcyclists to remember is that they should get a medical examination immediately after the accident and they should inform the doctor of every part of their body that feels even the slightest bit of pain. While the head might be dizzy in the hours after a crash, it could eventually be revealed as a traumatic brain injury, and there should be a record of it in the medical file so it can be directly connected with the crash. A person might lose out on much-needed compensation if there is doubt as to whether an injury is connected to the accident or developed later.
Furthermore, it is critical that the injured motorcyclist continue to attend all doctor’s appointments and therapy sessions. An insurance company might claim the injuries were not that serious if the motorcyclist stopped seeing the doctor or taking prescribed medications. A motorcycle accident lawyer in Olive Branch can keep their clients on schedule and prevent these types of accusations from the insurance adjusters.
Negligence in Olive Branch Accident Claims
Injury victims can bring personal injury claims against drivers and other parties if they believe negligence played a part in causing the motorbike accident. However, they must be able to prove that the other parties were negligent. Negligence is a legal theory of liability based on evidence of careless behavior by others. When drivers violate traffic laws or drive with no regard for the safety of others, they can be held liable for any resulting damages.
Traditionally, proving negligence in a motorcycle accident requires proof of the following four elements:
- The driver had a legal duty to drive safely and follow traffic rules and laws
- The driver drove in a manner that fell short of or breached that duty of care
- The breach of duty directly led to the accident causing injuries
- The injured party suffered damages or losses as a result of the accident
In some cases, negligence is easy to determine, such as if the driver was speeding or violating other traffic laws. Other times, multiple parties may be negligent in causing the wreck, including the plaintiff, requiring that there be a calculation of the percentage of fault attributable to each person involved. When this situation occurs, a motorcycle accident legal professional in Olive Branch could help investigate the case for evidence of contributing negligence of the other parties.
Pure Comparative Negligence
Mississippi adheres to a pure comparative negligence approach. Therefore, injury victims can pursue compensation for their losses from other negligent parties, even if they also contributed to the crash. Based on their portion of fault for causing the motorbike collision, however, they may only qualify for a limited amount of their total damages. For instance, if they have $100,000 worth of damages, but they are 20 percent at fault for the motorcycle crash, then they are limited to receiving a maximum of $80,000, or 80 percent of their damages.
Call an Olive Branch Motorcycle Accident Attorney Today
Working with an Olive Branch motorcycle accident lawyer can be vital to a successful damages claim. These motorist wrecks can cause injuries that may impact you and your family for the rest of your lives. Seeking compensation can hold negligent drivers accountable for their actions and ensure you have the necessary financial support during an undoubtedly challenging time.
Various laws and rules apply to these legal actions that you should be aware of. Contact personal injury attorney David E. Gordon. It could be the most effective way of meeting all the requirements and deadlines necessary to pursue your claim.