Tag Archives: lawyer

Which Occurs More Often in Dallas: Motorcycle or Car Accidents?

(Contributed article for our North American readers)

Motor vehicle accidents injure and kill countless Texans every year. The city of Dallas is no exception. In fact, Dallas has more motor vehicle accidents than nearly every other city in the entire state. 

In 2018 alone, there were 31,950 motor vehicle crashes in Dallas, TX.194 of these accidents were fatal, and 867 resulted in serious injuries to passengers. 

It is important to note, however, that these 31,950 total accidents in Dallas involved various types of motor vehicles. Two of the most common types of vehicles involved in Dallas motor vehicle accidents are passenger cars and motorcycles. But which type of vehicle results in more accidents in Dallas? Read on to find out and learn more about what you can do after an accident in Dallas, TX. 

Dallas Motor Vehicle Accident Statistics in General

The National Highway Traffic Safety Administration reported that 14.47 people per 100,000 died on Dallas streets in 2017. One source notes that Dallas reported 1.57 speeding fatalities per 100,000 people—the most in the United States. Additionally, Dallas had the fifth-highest rate of fatal traffic accidents among the 25 largest cities in the United States. 

To be frank, Dallas roads can be dangerous. However, some types of vehicles can put you and your loved ones at risk more than others. 

Car vs. Motorcycle Accidents: Which Occurs More Often?

The Texas Department of Transportation (TxDOT) reported the following statistics in 2018 with respect to passenger car vehicle accidents: 

  • 487,421  total crashes; 
  • 48,252 non-incapacitating injury crashes; 
  • 8,383 suspected serious injury crashes; and
  • 1,763 fatal crashes.

While Texas did experience a decrease in overall traffic fatalities from 2017 to 2018, these numbers are still concerning. 

With respect to motorcycle accidents, TxDOT reported the following statistics in 2018: 

  • 7,863 total crashes;
  • 2,735 non-incapacitating injury crashes; 
  • 1,844 suspected serious injury crashes; and
  • 436 fatal crashes. 

A quick comparison of the statistics for car and motorcycle accidents in Texas will provide a quick answer—passenger car accidents are by far more common in Texas. However, these numbers don’t necessarily show which type of motor vehicle is more dangerous or more prone to accidents. 

The Real Question—Which Type of Vehicle Is More Dangerous?

Passenger cars are the primary mode of transportation for most Americans. This is the main reason that there are so many more passenger car crashes than motorcycle crashes each year.

However, based on the TxDOT statistics above, less than 1% of the 487,421 total passenger car accidents in 2018 were fatal. This percentage is very small compared to the number of fatal cases in motorcycle accidents. In 2018, nearly 6% of the 7,863 total motorcycle accidents were fatal. 

In fact, in 2017, the National Highway Traffic Safety Administration found that motorcyclists were 27 times more likely than passenger car occupants to die in a car crash per vehicle mile traveled. Thus, while car accidents occur more often than motorcycle accidents, this does not mean that motorcycle accidents are “safe” by any means. 

Motorcycle Accidents in Dallas

There are numerous reports of motorcycle accidents in and around Dallas, TX. Often, these accidents occur at no fault of the motorcyclist and are instead due to the actions of other negligent drivers. 

The fact of the matter is that regardless of what precautions you take, motorcycles are inherently more dangerous than passenger cars. Failure to wear a helmet can make matters even worse. In fact, in 2018, 49% of motorcyclists killed in an accident were not wearing a helmet at the time of the crash. 

What to Do Next If You Are Involved in a Car or Motorcycle Accident in Dallas

Regardless of which type of accident occurs more often, the fact remains that there is always a chance that you might be involved in a motor vehicle accident in Dallas. Whether your primary mode of transportation is a motorcycle or a passenger car, if you sustain injuries in a collision, it is important to know your rights and what steps to take.

What Damages You May Be Entitled to Recover

If you are involved in a car or motorcycle accident in Dallas, you may be entitled to damages. Legal “damages” are the “costs associated with your car accident that you might be entitled to receive to help you recover.” [source: https://www.injuryrelief.com/dallas-car-accident-lawyer/]

Damages that you may be able to recover in a motor vehicle accident case include compensation for: 

  • Property damage to your vehicle; 
  • Past and future medical expenses; 
  • Lost wages or lost earning capacity due to your injuries; 
  • Pain and suffering; 
  • Stress and anxiety; 
  • Emotional distress; and 
  • Loss of enjoyment of life. 

If any of the above legal damages exist in your case, it is imperative that you take action so that you can begin working toward your recovery. Knowing your rights and what you may be entitled to recover is crucial to getting the compensation you deserve. 

When to Start Taking Action

If you or a loved one has sustained injuries in a motor vehicle accident in Dallas, don’t wait. One of the most important things to note about car and motorcycle accidents in Texas is the statute of limitations. 

A statute of limitations is essentially the timeframe in which you must bring a certain type of legal claim. In Texas, the statute of limitations for filing a car or motorcycle accident claim is two years. This means that you must file your legal claim within two years from the date of the accident. Failure to do so could result in losing your right to recover compensation. Thus, make sure to act quickly to ensure that you give yourself enough time to bring any legal claims. 

If you are ready to take action, consider reaching out to a motorcycle or car accident lawyer to help you navigate the legal process. If you don’t feel ready to take that step quite yet, you should at least start looking for resources online to help you determine what next steps to take, if any. 

Regardless of where you are in the process, don’t forget to seek medical attention as soon as practicable. Car and motorcycle accidents can cause significant physical and emotional trauma, so make sure you take care of yourself first and foremost. 

Source: MotorbikeWriter.com

Is a Motorcycle Accident Lawyer Different From a Car Accident Lawyer?

(Contributed post for our North American readers)

After being hurt in a motorcycle accident, you have a lot on your plate—especially in the first days and weeks after the accident. Most importantly, you need to focus on your physical and emotional health while you come to terms with your injuries and start to look towards recovery. At the same time, you need to hire a lawyer so that you can have the best chances of getting a fair and comprehensive settlement from the responsible driver’s insurance company, because the reality is that no insurance company will pay you everything you deserve without a fight.

Trying to find a lawyer who is available to take your case, and more importantly QUALIFIED to take on your specific type of case, can be complicated and overwhelming while you are trying to manage your personal life in the early days after your accident. Fortunately, there are ways that you can connect with an attorney who is ready to take your case without needing to do the legwork on your own, which you can read more about here.

Choosing a lawyer can be complicated, but understanding why you need to work with an attorney who focuses on your particular type of accident is important. Read more about this below.

Can a Lawyer Represent Car Accidents and Motorcycle Accidents?

A personal injury attorney focuses most of their energy and expertise on recovering damages for their client after an accident, and the reality is that there is a significant overlap in many types of personal injury cases. At their core, personal injury cases seek to establish fault, then establish liability, and then move forward to calculating damages that the victim is entitled to. From this perspective, there is no major benefit to working with a motorcycle accident attorney after a motorcycle accident instead of just working with a car accident lawyer. But is that the end of the story?

Motorcycle Attorneys Know Motorcycle Law

The reality of hiring an attorney for a personal injury is that they need to have extensive understanding in two areas: tort law, and the laws and regulations around the activity you were involved in when you were injured. This means that working with a motorcycle accident attorney gives you access to a clear understanding of tort law that they practice daily, and a specific understanding of the risks, laws, biases, and other details that make a motorcycle accident unique.

From the perspective of an attorney who is unfamiliar with motorcycle accidents, it may be easy to take certain issues at face value when the insurance company pushes back on them, such as the reduced visibility of a motorcycle on the road as opposed to a car that an insurance company may use to lower their client’s degree of fault.

Support and Experience

When you are working with an attorney who understands the specifics of your situation and your accident, you can get the compassion that you deserve throughout this difficult and painful process. Working with someone who understands what you are going through and can represent that experience to the insurance company during your settlement negotiations goes a long way to stay confident and motivated to fight for what you deserve.

The final answer? You may get great legal support from an attorney who does not specifically focus on motorcycle accidents, but if you want to work with someone that you trust has your best interests and can see the nuances of your specific motorcycle crash, hire an attorney who has a history of successfully representing motorcycle accidents.

Source: MotorbikeWriter.com

5 Reasons to Hire a Lawyer After an Accident

(Contributed post for our North American readers)

There’s nothing better than cruising down the open road with nothing between you and the asphalt but your bike. The thrill is part of the fun. Unfortunately, the lack of protection also adds to the potential for injury in the case of a wreck. 

If you get in a motorcycle crash, you may be uncertain whether or not to hire legal help. In many instances, where there’s only slight property damage, the case will be handled by the insurance companies, and you don’t have to worry about hiring an attorney. However, sometimes, you should have someone who is in a better position to handle your claim. 

It’s best to be prepared and know how to proceed if something does happen. In this article, we’ll go over five reasons you might want to have a lawyer on your side after an accident. 

The Accident Resulted in Severe Injuries

Motorcyclists face severe injuries and even death in the instance of a crash. According to a post on the site for Diamond and Diamond Lawyers, “motorcyclists account for a disproportionate amount of catastrophic injuries sustained on roads and highways.”

If you suffered injuries in a motorcycle accident, a lawyer would be able to help you fight for your claim. In some cases, insurance adjusters will deny your request or rush a settlement in order to save money. If this is the case, you might be missing out on fair and fit compensation for the damages that you accrue as a result of the accident. 

An attorney has an understanding of your legal rights and can negotiate on your behalf. They will identify the amount of compensation that you deserve. 

The Insurance Company Is Using Unfair Tactics

An insurance company will possibly use tactics to reduce the amount of money that they owe you. These bad practices include fighting over medical costs or trying to prove that an injury was related to a preexisting condition rather than the accident in question. 

A company may also offer you a low settlement directly after the accident. Even if you think that the offer sounds fair, its best to consult with a lawyer to make sure that you’re expecting the right amount. 

Your Claim Has Been Denied

In some cases, the company may deny your claim. Insurance plans are designed to be complicated so that consumers can’t easily understand the terms. At times, you may feel as if you’re at the mercy of your agent, but the truth is, they aren’t always looking out for your best interest. 

There are state and federal laws designed to protect consumers. A motorcycle lawyer will take a comprehensive look at your case and the relevant legislation and ensure that you’re given a chance to fight your denied claim. 

One Party Bears Fault

In some cases, more than one party could bear fault. Each state has different laws surrounding fault in auto accidents, and you may want an attorney to help you cut through the red tape. Lawyers can help you identify which party to contact for compensation and negotiate on your behalf. 

You Have Legal Questions

Getting in a motorcycle accident is horrifying. Even if you walked away without serious injuries, it’s easy to get shaken up and to feel lost in the midst of all of the insurance claims. Most people aren’t familiar with the intricate nuances of motorcycle laws and insurance policies. A lawyer will help you with any query you might have after the accident. 

The VerdictScenery picturesque 5 Reasons to Hire a Lawyer After an Accident

An experienced motorcycle lawyer takes over the burden of negotiating from you. By hiring legal assistance, you won’t have to worry that you’re being taken advantage of by the insurance company. You can value your claim and fight for the compensation that you deserve. 

Source: MotorbikeWriter.com

Do I Need a Lawyer after I’m Hurt in a Motorcycle Accident?

(Contributed post for our North American readers)

In 2014 the National Highway Traffic Safety Administration (NHTSA) recorded more than 92k motorcycle accidents. In California, for instance, the motorcycle fatalities increased from 490 in 2014 to 540 in 2016. Additionally, the deaths for not wearing a helmet increased rose up by 2 figures to 25 in 2016 from the 23 in 2015.  Even more damning is that this figure is not getting any better, and if anything, the recent statistics show an increase in the number of motorcycle accidents.

California motorcycle fatalities increased 11 percent from 494 in 2015 to 548 in 2016. Deaths from motorcyclists without a helmet risen by 9% from 23 in 2015 to 25 in 2016. California’s motorcycle fatalities accounted for 15.1% of total motor vehicle deaths in 2016.Sep 16, 201

That said, motorcycle accidents are unique in that, in most cases, they result in serious injuries.

Now, if you’ve been involved in a motorcycle accident, I know you might be wondering whether you need a motorcycle accident lawyer in Los Angeles, CA.

This is particularly true if your insurance has already contacted you or even another party is offering to compensate you for your injuries or damage. In such cases, you might be wondering why it’s even necessary to retain an attorney-after all, it seems like a waste of money, given that you can also represent yourself, right?

Wrong.

We recommend that you retain a lawyer, regardless of the accident circumstances.

Beyond legal representation, there’re other numerous ways that an attorney can help you, and having an attorney guide you the legal process is essential for the success of your case.

If you’re still on the fence on whether you need an attorney for legal representation after a motorcycle accident, stay with us and learn why.

Focus on Recovery

Most motorcycle accidents are grisly and often result in serious injuries.

In such instances, the last thing you would want is to focus on your compensation rather than your health and fast recovery.

By retaining an attorney, you’ll have the peace of mind that they’re representing your interests fully, and in turn, you’ll have time for a fast recovery.

Determine whether you have a Legal Claim

Motorcycle accidents are different, and not every one of them gives you the right to sue for compensation, and this is regardless of whether you were injured or not.

In some cases, you’ll be surprised to find out that you’re culpable and risk getting jailed.

So, before it gets to this point, retaining an attorney will help determine whether you have a right to sue.

They’ll easily go through the facts, and determine whether it’s worth pursuing the case.

Take Your Case to Trial

Not all motorcycle accident cases result in a settlement, and at times, the cases need to go through a trial, which in most cases is challenging, and it requires legal expertise.

If a case goes to trial, for instance, it will require you to do the filling, attend the preliminary hearing, collect evidence, question evidence, and collecting opening/closing statements.

As you can see, some of these processes are tiring and challenge to perform, especially if you don’t have the legal expertise.

An attorney, however, understands how to strategize and access evidence to the court records, and examine witnesses in such a way that will set you up for success.

Protection of Legal Rights

It doesn’t matter whether you’re at fault or even whether you’ll get compensation for the damages, but retaining an attorney will ensure that your legal rights are not violated.

Remember that an attorney understands the law and has specialized in the legal space, meaning they’re cognizant of the laws and when your legal rights are violated.

Negotiate Fair Settlement

Coming to an amicable figure in a settlement process is always a challenging process, especially if you don’t understand the art of negotiating.

This is not to mention that some of the insurance providers usually use underhand tactics,  to cancel your compensation or offer a less-than amount.

Remember that a majority of the insurance entities are in a business like any other and are in it to make profits. In most cases, they’ll try to keep the overhead costs to a minimum.

With an attorney, however, they’ll negotiate a fair settlement offer that accurately reflects the value of your case.

Here, for instance, your attorney will look at several elements and beyond the injury claim; they might even include lost wages, emotional detachment, loss of a loved one, and even the pain factor.

Source: MotorbikeWriter.com

Crashed riders risk negligent charge

More and more riders are being charged with negligent driving (riding) after a single-vehicle crash, says NSW traffic and criminal law specialist Chris Kalpage.

Our contributing lawyer has previously written articles about defending various charges and last time he addressed the issues arising out of dangerous driving and negligent driving causing death or grievous bodily harm.

He now tackles this increasing risk of a negligent driving charge for which penalties can be quite severe:

Chris Kalpage defencesChris Kalpage sets up for a track session

Negligent driving

The concept of negligence is whether the person charged was not riding in the manner of a reasonably prudent motorist, considering all the circumstances.

Often if police are called to a single-vehicle accident where the bike has come down there is a risk the rider will be charged with negligent driving.

Two cases I defended come to mind.

Case 1

Old Pac gets more ‘safety barriers’Riders on the Old Pac (Photo courtesy of Valley Images)

One morning my client was riding his Aprilia RSV on the Old Pacific Highway, tipped into a corner at below the speed limit and lost his front end on slippery leaf mulch. You could substitute that for moss, oil, gravel from filling in potholes, or anything on the road surface.

He dragged himself to the Armco and sat down, his leg was broken. To his surprise, a tow truck and ambulance stopped to assist. As he was traveling to Gosford Hospital he heard over the radio that they had picked up the wrong accident victim, so they stopped at the next accident scene some kilometres from where he had crashed.

While the paramedics were assisting the other rider, a highway patrol officer at the second scene spoke to my client while he was in the back of the ambulance. He asked what had happened and my client explained about the leaf mulch. The officer further interviewed my client in hospital.

My client subsequently received an infringement for negligent driving which we defended.

The police officer’s evidence was that my client had told him he had lost his front wheel on leaf mulch. However, the officer said he attended the site and there was no leaf mulch, inferring that my client was riding with negligence.

In calling for the officer’s notebook in cross examination of him, it was clear the officer had noted my client indicated he had lost his front wheel suddenly on hitting the mulch. In cross-examination of the officer it was established that the notebook was the totality of the content of the discussion with my client.  It was further conceded by the officer that my client had said nothing more.

It was conceded that there were many corners between where the officer saw my client in the ambulance and where the accident had occurred.

The obvious conclusion was that the officer could not correctly identify the exact corner of the crash and by inference had not attended the site as was stated. The officer’s questionable evidence was rejected, my client’s evidence favourably received and he was found not guilty.

Case 2

Oxley Highway businesses eventRiders on the Oxley Highway

Another client was riding his Ducati 748 down the Oxley Highway when he hit a wedge of tarmac, possibly caused by heat forming a lip in the soft asphalt. His bike was knocked into gravel on the opposite side of the road.

Again my client had a broken leg and the ambulance was called. A regional highway patrol officer turned up at the site about 20 minutes later. Again, he had not seen how the accident occurred and had no evidence from witnesses, but formed the view that as an accident had occurred my client must have been traveling too fast.

At the hearing, the prosecutor agreed with me that the highway patrol officer could not provide expert post accident crash analysis. That is the remit of the specially trained police crash investigation unit. The case was adjourned so representations could be made.

However, the officer chose to press on with the case. Even though the magistrate allowed the evidence — which I believe should not have been — he took into account the officer’s lack of expertise and was prepared to accept my client’s evidence. He dismissed the prosecution.

Conclusion

A mere accident does not automatically mean that the rider was negligent. The prosecution needs to establish that you were driving or riding without the standard of care and attention reasonably expected of the ordinary prudent driver.

Even if you run into the back of a vehicle that suddenly stops, it does not mean your manner of driving was negligent.

I defended a retired motorcycle highway patrol officer with significant riding experience who ran into the back of a car because he had to apply emergency braking right where there was a sudden change in the road condition. He was acquitted at hearing.

So, if you have to brake suddenly and do it on a patch of diesel causing you to run into the car in front that may not constitute negligence. The court has to take into account all the circumstances of the case as embodied in the legislation, a part of which is printed below:

NSW ROAD TRANSPORT ACT 2013 – SECT 117

Negligent, furious or reckless driving

117 Negligent, furious or reckless driving

(cf STM Act, s 42)

(1) A person must not drive a motor vehicle on a road negligently.

(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:

(a) the nature, condition and use of the road on which the offence is alleged to have been committed,

(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road,

(c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).

(Editor’s note: This is a NSW law, but there are similar rules in most jurisdictions.)

This relates to the specific circumstances of the particular incident and this is one situation where every case is different. No two situations are alike so they require careful analysis. Don’t assess your case based on someone you know who had a similar situation and got a certain result, as you could be very wrong.

Disclaimer

This article is for reader information and interest only and is based on New South Wales law. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice.

Please be aware that every case is different and the matters raised may not be of specific relevance to your situation but may have a general application. You must seek specific advice tailored to your circumstances. Chris is happy to talk to anyone needing clarification. He can be contacted on 0418 211074.

Source: MotorbikeWriter.com

Is It Wise To Call Your Lawyer When In Trouble In Another State?

(Contributed post for our North American readers)

An accident can happen anywhere at any time, and this sense of precariousness will leave you feeling anxious and insecure. Having legal assistance ready at the dial is incredibly handy, but what if something happens and you find yourself in a predicament beyond the borders of your home state? Perhaps you are on a business trip in California and got into a major car accident – but you actually reside in Illinois, where all those who can help you, including friends, family, and your lawyer are also based. It might seem very confusing and scary figuring out what to do at first, and with good reason. The laws in each state are different, and wrapping your head around what your rights are is not the easiest thing to do in the heat of the moment. 

If you do get into trouble while traveling, you might want to keep in mind that there are specific laws that apply in different states. The following are a few tips to help illuminate the proper procedures for you.

What is the Jurisdiction?

Let’s start with the most basic issue: jurisdiction laws usually claim that from the state where the accident took place, you need to file a case. At the same time, plaintiffs do end up hiring the lawyer that they are familiar with from their state to help, and in this event, if this lawyer is going to represent you then they have to be recognized in the state. It doesn’t matter if you have gotten robbed or were involved in a car accident. It’s all the same, and so if you need an attorney to represent you in the state in which an accident occurred, they need to be licensed there. So if you’re from out of state and find yourself in California, for example, and your car gets wrecked, then action needs to be taken immediately. You may think that the first thing to do is call your lawyer, but it might be far more prudent to find a car accident lawyer in San Diego, CA, than to reach out to your lawyer back home in Illinois who is not certified to work in the other state. You could consult your lawyer to direct you to someone reliable in the current state to help you out. 

Alternative option

As an alternative option your lawyer can apply for a limited law license if you really value your lawyer’s work and trust them wholeheartedly. However, bear in mind that the states follow through on this option only in very specific instances and usually reserve them for legal aid services or public defenders. This is also something that may take up time unnecessarily, but it’s important to know that it is an option if you are adamant on having your own lawyer from out of state take on your case. 

In more extreme cases, the state makes exceptions and permit in-house counsel. This is when a company employs an attorney from out-of-state to plead their case. Again, this is a rarity, so it’s best not to bank on this being a solution since it depends on your own specific situation.

When the “writing is on the wall”

Hiring an in-state lawyer might be your best option, depending on the nature of your case. There are instances where you won’t have to be responsible for finding a lawyer. If, for example, you are involved in a car accident, then it’s important for you to know that often these kinds of cases are taken care of outside the court, and you’ll be provided with a lawyer, most likely by your insurance company. However, in some cases, it does go to court, and in the event that this happens, and you’re unable to work out a settlement, then it’s time to look for a lawyer yourself who is well versed with the laws of the state in question.

law lawyer justice crash accident legal courtImage: Pixabay

At the end of the day, getting into any kind of trouble when traveling is hugely taxing emotionally and psychologically. You will want to find the best person for the job, meaning the best match for you. It all comes down to sharing a mutual level of trust with your attorney – if you don’t trust the person tasked with protecting you, then it might be an uphill battle. Furthermore, you want to find someone able to work in the state in question. Hiring someone who works in an entirely different state from the scene of the crime might not be the best judgement call when all is considered.

Source: MotorbikeWriter.com

8 Mistakes to Avoid After a Motorbike Accident

(Contributed article for our North American readers)

Having a motorbike accident can be a very traumatizing experience, you’ll be shocked, scared and confused which will make it more likely that you’ll make mistakes which can heart your chances to get appropriate compensation from insurance companies. That money is rightfully yours and you’ll need it to cover medical bills and make up for the damage done to your motorbike.

There’s a stereotype about bikers being risky drivers which isn’t actually true. People assume it is because they’re the ones that tend to sustain more injuries in accidents because the vehicle in itself offers less protection than a car. The problem is you’ll already be dealing with a bias against you so you need to be well informed and prepared in case something like this happens to you. 

Mistake #1:  Leaving the Scene of the Accident

This is incriminating behavior; it implies that you caused the accident and that’s why you don’t want to stick around. To avoid problems, you should stay at the scene, speak to the police officers honestly but without making any speculations regarding speed, distance or any other factors that might have contributed to the crash happening. 

Mistake #2: Apologizing

Again, incriminating behavior. You might be a really nice person who apologizes when other people step on your toes but in this case, it can be interpreted as an admission of fault. That’s not something you want to do in front of the other drivers, the police or any witnesses. 

Mistake #3:  Agreeing to Not Have the Accident Reported

The other driver might be able to convince you, in your confused state, that it was your fault and going through the hassle of reporting the accident to the police and getting the insurance companies involved will do you more harm than good. Well, that’s a terrible idea. First of all, he or she is more likely to say this if they know that it is, in fact, their fault and if you don’t report it and get everything on record you may lose any chance for compensation.

Mistake #4: Leave Without Gathering Evidence

If you drive a motorbike it would be best to keep a camera on it at all times but if that’s not possible, you want to at least take pictures after any accidents. You want to record your injuries and damage to your bike. You should also preserve evidence like your helmet and what you were wearing. You’ll need it later on if you have to build a case. Getting the contact information from witnesses is also advisable because your attorney can contact them for you.

Mistake #5: Delaying Medical Care

Right after the accident, you’ll have a lot of adrenaline running through your body and you might not be able to accurately assess the severity of your injuries until hours or days later. That’s why it’s extremely important that you see a doctor as soon as possible. So, go to the hospital by ambulance or other means straight away. 

For one thing, by doing this you’ll be making sure you get the medical assistance you need. On top of that, you’ll have everything on record and you won’t give the insurance company the chance to throw doubt over your claims regarding the level of the health-related damage you sustained. Another decisive factor is to follow through with your treatment and keep all your appointments, since any gaps can be used against you.

Moreover, the legislation states that the injured party must seek to mitigate their damages and by following treatment you’re proving that you’re doing everything that’s asked of you to get better in the shortest amount of time. 

Mistake #6: Expecting the Other Party to Admit Fault

They might be just as sure of their innocence as you are, it’s human nature so you can’t really expect them to just roll over, admit they were the cause and deal with all the financial repercussions. That’s what would happen in an ideal world and wouldn’t it be nice if that’s how people treated each other? Unfortunately, that’s rarely the case. You’re better off not starting any sort of discussion about who is to blame with them, you might get angry and say something you’ll later regret or that they can use to undermine you.

Mistake #7: Be Naive About Insurance Companies

Your insurance company or the one of the other motorist will ask you to provide a recorded interview. Know that you have absolutely no obligation and you should decline doing so without representation since it might threaten your chances of getting compensation. 

It’s better to consult with a personal injury solicitor that can advise you on how to best protect your interests. People don’t realize that insurance companies are not looking out for them but for their drivers and their stakeholders. They have their own attorneys and adjusters to handle a claim right from the moment the accident is reported. You might think it’s better to cooperate with them every step of the way and all they’re trying to do is sort everything out to everyone’s advantage but, actually, it’s highly likely they’ll try to pay as little as possible.

Mistake #8: Post Information Regarding the Accident Online

As long as your personal injury claim hasn’t been resolved, you really should refrain from discussing the accident on social media. You might feel tempted to inform friends and acquaintances about your recovery but insurance adjusters can also access you profile and gather evidence to dispute claims. An online post or photo can be taken out of context and be interpreted in all sorts of ways you won’t like.  

Even if you’ve made some of these mistakes, it doesn’t mean you should lose all hope of getting what’s owed to you. Most riders will not be able to do everything perfectly after an accident since they’re human beings with emotional responses and can’t keep a cool head in all situations. Despite this, with patience, perseverance and the proper knowledge, they still manage to get a fair outcome.

Source: MotorbikeWriter.com

6 Things to Consider Before Hiring an Accident Lawyer

(Contributed post for our North American readers)

Accident lawyers or personal injury lawyers will represent you in the court of law when you are bringing in a case against someone for injuries they caused. It works both ways; they can either pursue your case in the court or defend you if a case is filed against you. Whatever the case may be, choosing a personal accident lawyer is an important step to winning injury claims. However, be vigilant because personal injuries can only be filed within a specified timeframe or else the status of limitations will run its course and you won’t be able to file for any claims. So it’s imperative that you take out time to carefully carry out background research before hiring anyone. Here are 6 things you need to consider or do before hiring an accident lawyer:

1. Why do you need a Personal Injury lawyer in Bakersfield

Sincerely answering this question should reveal the specific type of lawyer you need. Personal injury or accident lawyers are different from other types of lawyers. They are well-schooled in that area of the law and are the best professionals to handle cases of personal injury.  So the first thing to consider is how vast or good is the attorney you plan to employ.  Any attorney you plan to employ must:

  • Have a number of trial experiences
  • Have  a keen sense of negotiation
  • Must have in-depth knowledge of all medical diagnoses and treatments related to personal injuries.
  • Must understand negligence law and how to apply the same in court.

2. Make a list of Quality factors of a good attorney

The next thing you need to do is make a list of all the quality factors you need in a good attorney.  When you begin the process of selection, you will want to know what the things that actually make a lawyer good.  Armed with this list you can proceed to search for the right candidate. Here are some important things to consider:

  • Location: Only licensed attorneys in your area can practice law within the place where the injury occurred.
  • Area of Practice:  Like every profession, choose only personal injury lawyers for your case.
  • Reputation: Look for lawyers with a reputation of always winning cases. You stand a better chance of winning if you employ one, but their services might be costly.
  • Trial Experience: This is a no-brainer, don’t employ a newbie to handle your case, they need trial experience before they are capable of winning cases.

3. Personal Referrals for good lawyers in Bakersfield

Once you have a checklist of all the qualities you want in a good personal injury lawyer the next stage is to look for those who match your criteria. Do you know of anyone who has used an accident lawyer in the past?  Can they point you in the right direction of a good accident lawyer? If they can, then that’s a good place to start your search. However, don’t hire a personal lawyer without carrying out due diligence about them.

4. Google potential candidates

Google is a huge search engine that has the data basis of almost all practicing lawyers in every state. Google can be very region-specific by pointing you in the right direction of a good lawyer in your region.  A good Google search with the right keywords can display amazing results of lawyers.  Get a fill of the websites that crop up to see what they have to offer. A simple look at the website of lawyers will indicate what area of law they practice. Look for law firms with specialty interest in personal injury claims.

5. Use specific Web services

Using specific web services can reveal amazing results of specialized law firms. There are web services whose sole purpose is to connect clients with lawyers. However, be careful when you make use of a website because they can just be web directories or commercial repositories trying to make a buck out of your webpage visit.  A specialized website called lawyers(dot)com is a good example of a site set up to connect individuals with the right lawyers In this site you are at liberty to search by city, etc. You will see a ranking with phone numbers, lawyer websites and general information.

6.  Use Phone Contact Bar Association

You may consider using the phone contact bar association to determine and locate law firms. Talking directly to lawyers on the phone will give you firsthand information about their demeanor and character.  Here’s how to go about it:

  • Call your State’s bar association:  Your state’s bar association will have a specific phone number dedicated to their lawyer referral service.  For instance, Bakersfield has a state’s bar association number pasted on its website. Bakersfield is a city that covers about 151 sq meters and is near the Town Of San Joaquin. It is a charter city in kern country California with a population of about 380k, making it the 52nd most populous city in United States. It is known for its very hot and dry summers with chilly cold nights and low rainfall averaging around 165mm annually. There is definitely a Bakersfield accident attorney near me at nearby communities and neighborhood.
  • Make the call: Make the call to your state’s bar association to speak with an agent. Going through this route may present you with an opportunity to speak with an attorney who is geographically close to you.
  • Call various law firms; Once you have been directed, don’t hesitate to call the law firm to speak with a lawyer and file in your case. We are certain you will get specialized answers this way.

Source: MotorbikeWriter.com

World’s ‘biggest’ motorcycle crash payout

A North Carolina Harley rider has been awarded $US4m (almost $A6m) after a crash with a driver who failed to yield right-of-way in what is believed to be the world’s biggest motorcycle crash payout.

The 29-year-old rider was travelling about 15mph (about 24km/h) when he was struck by a vehicle that accelerated away from a stop sign without seeing the motorcycle.

America is renowned for its excessive compensation payouts, mainly due to high medical costs.

According to a study by US Jury Verdict Research, the average motorcycle accident verdict is about $A560,000 and the median verdict award just over $US70,000.

Crash payoutRoad safety crash accident motorcycle scam payout

In Australia, payouts for motor vehicle crashes are a lot less and rarely over $1m.

In July this year, NSW lawyers Gerard Malouf and Partners secured a personal injury about of $800,000 for a motorcycle rider after a crash.

The claim not only included rider’s injuries, but also the pain and suffering of his family.

In the North Carolina case, Attorney Mark Jetton of Jetton & Meredith lawyers claimed for physical injuries, medical expenses and lost wages.

The young rider needed to be airlifted to hospital where he spent six days and now requires on-going therapy and medication.

Compensation claims

Compensation can be determined by a number of factors, such as physical and mental injuries, the rider’s age, hospital expenses, on-going medical costs, pain and suffering, motorcycle damage and loss of earnings.

Big payouts are rare in Australia and vary from state to state based on third-party insurance regulations.

Riders should ensure they have adequate insurance cover and seek professional legal aid after a crash.

Click here for tips on what to do after a minor crash.

Source: MotorbikeWriter.com

What to do If You’ve Been in a Motorcycle Accident

(Contributed post)

No one ever plans to get into an accident, but unfortunately, accidents do happen and it pays to be prepared. We can’t plan on when or where an accident will occur, so it’s always wise to have an idea of what the next steps should be.

Depending on how you look at it, motorcycles are safer than cars. While motorcycles are less responsible for accidents every year, serious or fatal instances are more common than with cars.

So, what should your first and next steps be? Keep reading below to find out.

Check Yourself for Injuries

This step seems so obvious it’s almost not worth putting, but it can be a good reminder to check over yourself before you try and run after your bike or if you see your wallet thrown across the road. It’s also true if you were riding with someone else.

Remember that one time you paid attention to the airline safety video roughly five years ago? They always recommend you put the oxygen mask on you first before putting it on someone else. The same rule applies here.

Do a quick rundown and check to see if anything is broken or if you have any serious bleeding. If you don’t feel like you can walk, don’t try to walk, you may just end of hurting yourself more. Hopefully, you’ve just suffered some scratches and bruises so you can go check on a potential passenger or move onto the next steps.

Record the Scene

Eventually, you’re going to have to call your insurance company and recount what just happened. For you to get the best claim and the fairest outcome, they need to see the accident like it just happened. If you’ve got your cellphone on you, whip it out and start taking pictures.

Try to get as many pictures as you can, including a wider shot of the accident as a whole, the other vehicle, any license plate numbers before moving onto smaller areas like scratches or dents on your motorcycle. It’s better to meet with an insurance agent and have too much information instead of too little. This is especially helpful if you’re involved in some kind of hit-and-run. Don’t worry, your camera can hold thousands of pictures.

Move to Safety

If you’ve had your accident in the middle of the road, chances are lots of other cars have come to a halt because of the accident and, well, you may be blocking the road. After you’re finishing taking pictures of the scene, get your bike off the road.

It’s also important to remember that you should stay off the road. If you’re waiting on the police to investigate the scene or a family member to come to get you help, don’t try and flag them down by stepping onto the road. Just be as detailed as possible about your location and they’ll come to find you. There’s no point in risking your life again by stepping out onto the road.

Consider Getting a Lawyer

When it comes to pursuing legal action, it’s best to talk to an expert. After all, you’ve never taken your motorcycle to a mechanic who doesn’t know what they’re doing so why risk a potential case?

In this case, you’re going to want to find a lawyer that deals with personal injury. What exactly is a personal injury? The broadest term is “unintentional injury”, a physical or mental injury to an individual. The most common areas of personal injury are traffic accidents, work accidents or medical accidents.

If you were out riding by yourself, you likely won’t be able to file a lawsuit and shouldn’t contact a lawyer. If you were struck by another driver, then you’re more likely to fall into the personal injury category. This is because the other driver had a “definable duty” of safe driving they did not adhere to and caused injury to you.

Where can you go to find the right lawyer? You can always start by asking friends or family if they have had any similar experiences. If no one has, check with your state’s bar association to see a list.

It’s beneficial to find someone who has dealt with similar cases before or who, at the very least, is familiar with motorcycles. There are many different types of law, so you’ll want to make sure you’re finding someone who you know will represent you well.

Source: MotorbikeWriter.com