When you get into an accident on your motorcycle, injuries are often substantial. It is not at all unusual for the cost of your medical treatment to exceed the limits of the other driver's insurance policy or even your own. As such, your best way to collect compensation for the damages you've suffered is often to file a personal injury claim against the other driver or their insurance company. But whether or not your claim is successful depends on a number of factors, the most prominent of which are discussed below.
Were you breaking any laws when the accident occurred?
It may seem pedantic, but even going 5 miles per hour over the speed limit could make it more difficult to gain compensation for your damages in a motorcycle accident. If you were breaking any laws, regardless of how minor, you could be seen as partially at-fault for the crash. As such, you would be seen as responsible for a portion of the damages. If there is any evidence that might suggest you were not driving in a safe, law-abiding way when the accident occurred, this is something to make your lawyer aware of from the onset so they and formulate the case with that in mind.
Did you treat your injuries according to doctors' specifications?
Have you followed all professional recommendations for medical care since the accident? If you have not, then the defense might argue that this is why your injuries are so serious and costly. On the other hand, if you have adhered closely to your doctor's recommended treatment protocols, then you have a pretty strong argument for your damages.
What was the other driver doing at the time of the crash?
In order for the other driver to be held responsible for the crash, they have to be shown to be negligent. This negligence could be anything from failing to stop at a stop sign to driving 50 miles over the speed limit. However, if you cannot demonstrate that the other driver was negligent in some way, this will make for a tough case. Your lawyer can look hard for evidence, such as video camera footage from nearby stores and witness statements, but if you don't find evidence of negligence, it will be an uphill battle.
Motorcycle accidents can be incredibly terrible, and you deserve compensation. Contact a motorcycle accident lawyer today to get a better idea of the factors that might come into play in your unique case.