While motorcycles can be an exciting and convenient mode of transportation, these vehicles do not offer much protection to riders. A single mistake or reckless act by a driver could have devastating consequences for a biker in their path. Unfortunately, many drivers do not keep an attentive enough watch out for motorcyclists.
If you sustained injuries while riding due to the actions of a negligent motorist, you should consider consulting with an experienced attorney about your legal options. Once retained, a Wilmington motorcycle accident lawyer at Doroshow, Pasquale, Krawitz, and Bhaya can work on your behalf to build a comprehensive settlement demand or lawsuit. We are here to tirelessly pursue the financial restitution you deserve for your damages.
Liability for Wilmington Motorcycle Wrecks
Everyone on the road—motor vehicle drivers, motorcyclists, and even bicyclists and pedestrians—has an implicit responsibility to act reasonably and follow the applicable traffic laws. Accordingly, if a driver violates this duty and causes a collision as a direct consequence, they could bear civil liability for any losses sustained by victims.
Various behaviors could qualify as “negligent” in this context, such as speeding, switching lanes without signaling, or forgetting to check for bikers before turning at an intersection. Even small acts of aggression towards a motorcyclist, like crowding them out of their lane, could be grounds for litigation. A skilled attorney in the area can investigate the circumstances of a motorcycle wreck for any traffic violations or careless behaviors that contributed to the collision.
Statute of Limitations for Motorbiking Collision Claims
Regardless of what specific circumstances produced a motorcyclist’s injuries, working with a skilled Wilmington attorney could be crucial to preserving a victim’s right to fair recovery. A seasoned lawyer can help file a strong case within statutory filing deadlines, as Delaware Code Title 10 §8119 allows only two years after the discovery of injuries for victims to start the litigation process.
Maximizing Recovery for Motorcycle Injuries
Because motorcycle collisions often cause severe injuries to riders and passengers, these incidents typically warrant extensive financial recovery. Some of the damages that a motorcycle crash lawyer could help recover include:
- Past and future medical bills
- Physical pain and suffering
- Lost enjoyment of life
- Motorcycle repair and replacement costs
- Lost past and future work income
- Lost consortium with a spouse
Partial Liability for Motorbiking Injuries
However, it is important to note that plaintiffs can also be found responsible for their own injuries. If a Wilmington court finds a motorcyclist partially to blame for their own damages, they may have their compensation reduced based on their percentage of responsibility.
Additionally, plaintiffs found more than 50 percent to blame for causing or contributing to their own damages generally cannot recover anything at all. As such, it is critical to work with a persistent motorcycle crash attorney who can contest any allegations of partial liability.
Insurance for Motorcycle Accidents
Insurance policies surrounding motorcycle accidents are complicated. Although Delaware Law requires that each motorcycle have $15,000 of insurance coverage for medical bills and lost wages, motorcycle policies often have very high deductibles. Since injuries tend to be severe in motorcycle accidents, $15,000 is almost never enough to cover all of your medical bills.
When we handle a motorcycle accident case, we work with your motorcycle insurance carrier, your health insurance carrier, and your medical providers to get your bills paid. This can be a daunting process that you should not handle on your own.
In a typical auto accident case, if the party who is at fault does not have enough insurance, other insurance policies may allow you to receive benefits. In a motorcycle case, however, getting these benefits is much more difficult. Many car insurance policies specifically exclude motorcycles. We will make every effort to determine how much coverage is available to you and whether you can utilize other insurance policies to compensate you for your injuries.
Talk to a Wilmington Motorcycle Accident Attorney for Legal Guidance
Motorcycle collision claims are often complex endeavors, and sadly, many juries and courts have a bias against motorcycle riders who they may see as reckless risk-takers. Sadly, many motorcyclists have insurance policies with high deductibles for medical bills in order to make the insurance affordable. This leaves injured people with large bills at the time they are least able to pay them. However, legal guidance from a dedicated professional can make a world of difference when it comes to enforcing an injured rider’s rights after a serious traffic crash caused by someone else.
At Doroshow, Pasquale, Krawitz, and Bhaya, a Wilmington motorcycle accident lawyer can review your options and set you on course for a favorable case resolution. Call today to learn more.