Sunnyside Motorcycle Accident Lawyers
You may ride your motorcycle safely and carefully. Regardless, a negligent motorist may take their eyes off the road and crash their vehicle into you and your motorcycle. If this happens, you may not be responsible for any costs relating to your accident. You may be eligible to seek compensation through a personal injury claim. To find out if you can, you may want to pursue legal help from a personal injury lawyer who specializes in motorcycle accident cases.
Brumback & Ottem Injury Law is a leading choice for those in need of legal help for personal injury claims. Our motorcycle accident lawyers in Sunnyside, WA can review your case and help you determine if you should pursue damages from an at-fault party. To learn more, reach out to us.
Motorcycle Safety
Per Revised Code of Washington (RCW) 46.04.330, a motorcycle is defined as a motor vehicle that has up to three wheels. It may also have an extra seat and handlebars a rider uses to steer the vehicle.
Safety is a top priority for many riders in Sunnyside. There are several requirements an individual must meet before they can obtain a motorcycle endorsement. These include:
- Be at least 16 years old
- Complete a motorcycle safety course certified by the Washington Department of Licensing (DOL)
- Pass a DOL knowledge and riding skills assessment
A rider may take every precaution while traveling, yet they cannot control how motorists drive. If a driver is negligent, they may not see a rider and slam their car into them. Or they may not be able to stop quickly enough to prevent an accident. In these situations and many others, a rider may not be held accountable. Instead, this individual may be able to ask for compensation from the at-fault driver.
What to Do After a Motorcycle Accident
How you respond to a motorcycle or car accident may have far-flung effects. If you take care of yourself and others during the incident, you may be able to make sure all parties involved in your collision are safe. Plus, you may boost your chances of getting compensation as part of a personal injury claim.
Following a motorcycle collision, here are things you can do to protect yourself and others and avoid compromising your ability to file an injury claim:
- Call 911. This allows medical personnel and police officers to come to the accident scene and assist you and others who may have been hurt.
- Get medical care. Go to a hospital so you can receive a medical evaluation and treatment for your injuries.
- Talk to the police. Discuss your accident with the police, and they can put together a collision report you may be able to use as evidence.
- Notify your insurance company. Let your insurance provider know about your accident, but do not accept any responsibility for your crash.
In the days after your collision, it may be beneficial to consult with a Sunnyside motorcycle injury attorney. You may be able to provide your lawyer with information about your accident and explain how and why it happened. From here, your attorney may help you identify any at-fault parties.
Motorcycle Accident Liability
In many instances, a negligent motorist is responsible for a motorcycle crash. For example, a driver may travel through a red light and collide with a motorcyclist. The rider may suffer a serious injury, at which point the rider may be able to file a personal injury claim.
There are times when a government entity may be at fault for a motorcycle accident. If a government body does not maintain a road, it may become hazardous to riders. When a motorcyclist travels on this road, they may get into an accident and may be able to hold a local government accountable.
A motorcycle parts manufacturer may also be responsible for a crash. If a manufacturer sells a defective motorcycle, a rider may get hurt while using it. The manufacturer may be liable, and the rider who got hurt due to the business’ negligence may be able to seek economic and non-economic damages.
How to Prove Fault in a Motorcycle Accident Case
To secure damages in a motorcycle accident case, you must prove an at-fault party was negligent. You may have to build a body of evidence to support your claim. Also, you must show the following elements of negligence were present at the time of your accident:
- Duty of Care: An at-fault party was legally obligated to avoid reckless and careless acts toward others.
- Breach of Duty of Care: The party chose to ignore their legal obligation and committed a reckless or careless act that put people in danger.
- Causation: Since the party violated their duty of care, they caused your accident.
- Damages: You are now dealing with losses due to the party’s actions.
A motorcycle accident lawyer may help you collect evidence to prove negligence. They may answer frequently asked questions and others relating to proof in motorcycle crash claims. That way, you may be able to prepare an argument that resonates with a judge or jury.
Motorcycle Accident Claim Statute of Limitations
According to RCW 4.16.080, you may have up to three years to sue someone for damages relating to your motorcycle accident. Following your crash, you may not wait to wait too long to seek compensation. If you wait beyond three years, you may be solely responsible for your losses.
A Sunnyside motorcycle accident attorney understands the statute of limitations. They may look at your accident and help you submit your claim before your window to do so expires. Next, they may work with you to develop a compelling argument. If they succeed, you may be able to get 100% of the damages you request.
Motorcycle Accident Damages
How much you get in damages depends on the severity of your injury and other factors linked to your motorcycle crash. You may be eligible for economic and non-economic compensation. A judge or jury may award economic compensation for quantifiable losses. You may receive non-economic compensation for subjective losses. Reasons why a judge or jury offers damages to motorcycle collision victims may include:
- Medical bills
- Lost wages
- Motorcycle damage
- Pain and suffering
Sunnyside motorcycle accident attorneys give every case the attention it deserves. They may help you calculate your damages and request a reasonable amount of compensation. In addition, they may help you show a judge or jury you are in no way at fault for your accident.
Contributory Fault
Washington has a contributory fault statute. Based on this, the damages you receive in a motorcycle collision case may be affected by your percentage of fault. If you are found to be even 1% responsible for your crash, a judge or jury may reduce the amount awarded to you.
For instance, you may be involved in an accident with a negligent motorist. A judge or jury may review your claim and determine you were 20% at fault. If this occurs, you may receive 80% of the damages you initially requested.
Of course, just because you believe you are not responsible for your motorcycle collision does not mean a judge or jury will agree with you. The defendant in your motorcycle accident claim may commit time and resources to prepare a strong argument. They may be able to compel a judge or jury to rule in your favor. In this scenario, you may not receive any compensation.
A motorcycle injury lawyer works diligently for their clientele. They may use accident scene photos and videos, medical records, witness statements, and other forms of proof to support your case. With an abundance of evidence at your disposal, you may be well-equipped to get the compensation you want.
Motorcycle Accident Insurance Claim
If you ride a motorcycle or drive a car in Washington, you are legally required to have insurance. Here are the minimum liability insurance requirements:
- $25,000 for an injury or death to another person
- $50,000 for an injury or death to all others
- $10,000 for damage to another individual’s property
You may tell your insurance company about your motorcycle collision, and they may seek compensation from an at-fault motorist’s insurer. In the best-case scenario, your insurance claim is resolved quickly. This may allow you to receive compensation to cover all of your accident-related costs.
Even if a motorist is responsible for your accident, their insurer may do everything they can to avoid paying you damages. They may dispute your claim and allege you are at fault for your crash. The insurance company may also reach out to you and pressure you to accept full responsibility for your collision.
The best motorcycle injury lawyers focus on their clients’ best interests — not the best interests of insurance companies. Your attorney may communicate and collaborate with insurers on your behalf. They may be able to help you validate your claim and show a negligent motorist caused your accident. Your attorney may also be able to negotiate a settlement on your behalf.
Motorcycle Accident Settlement
Within days of your motorcycling collision, you may get a call from an at-fault party’s insurance company. You may receive a settlement offer, and the proposal may seem too good to be true. Although you may be tempted to approve the offer, it may be a good idea to seek out help from motorcycle injury attorneys in Sunnyside. Because, if a settlement proposal turns out to be a lowball offer, your attorney will let you know.
You may have the option to approve a settlement at any point prior to a trial. The defendant in your case may go back and forth with you regarding settlement offers. Whenever you receive a proposal, it may be helpful to review it with your lawyer. This allows you to get legal insights into the ramifications of any decision you make on a proposal.
An attorney may explain why they believe an offer is fair or unfair. In spite of what your lawyer thinks or says, you have the final say on a proposal. If you decide to accept a settlement, you may receive compensation and close your case. Conversely, if you do not get a settlement offer that meets your expectations, your attorney may continue to work with you and help you prepare for your trial.
How Much Time It Takes to Resolve a Motorcycle Accident Claim
The time it takes to settle a motorcycle crash claim depends on the complexity of your case. No matter how much time is required, your attorney remains committed to your claim. They may work with you throughout your litigation and make sure you are prepared for all possible outcomes.
If your case goes to trial, a judge or jury may resolve your claim. They may review evidence and testimony from both you and the defendant. If a judge or jury sees the defendant as fully responsible, they may award you all of the damages you request. On the other hand, if a judge or jury finds you are partly at fault, you may receive less compensation than what you originally requested. In the worst-case scenario, a judge or jury may rule in the defendant’s favor, and you may not get any damages.
Motorcycle Accident Claim Mistakes to Avoid
If an at-fault party’s insurance company contacts you after your collision, you do not have to speak with them. You may notify your attorney, and they may reach out to the insurer on your behalf. This helps you avoid saying something to an insurance provider that may hurt your chances of getting compensation.
You may use social media to keep family members and friends up to date about your life. If you publish content on social media about your accident, the defendant in your case may be able to use it against you. Thus, it may be best to share details about your collision through phone calls, texts, and emails.
It may seem easy to go through the claims process alone. Keep in mind that an at-fault party’s insurance company is focused on protecting its client — not you. Therefore, it may help to hire an attorney who helps their clients in any way they can. This lawyer may negotiate with an insurer for you and help you maximize your damages.
Partner with a Sunnyside Motorcycle Crash Lawyer
Brumback & Ottem Injury Law has motorcycle crash attorneys on staff who are bulldog tough. We are committed to helping you get your desired injury claim results. Our team is available to discuss your case. To schedule a consultation, contact us today.