If you’ve been injured in a motorcycle accident caused by the carelessness of another driver, you may be suffering from severe injuries which can have a devastating impact on your livelihood. If it can be proven that the other driver was at fault for your injuries, you may be able to bring legal action against the driver to recover compensation for the physical pain and financial hardship that your injury has caused you. After an accident, you shouldn’t try to take on a personal injury action by yourself–the backbone of a successful personal injury case is a competent attorney with experience handling accident cases.
With Marasco & Nesselbush, Recovery Is Possible
If you are suffering the aftermath of a motorcycle accident in or around Warwick, Rhode Island, the team of accident attorneys at Marasco & Nesselbush are committed to going the extra mile to ensure the best chance of success. We’re dedicated to helping you obtain the compensation you deserve for the injuries you should have never suffered so that you can focus on what’s truly important after a motorcycle accident – your recovery.
Do I Have a Claim?
When it comes to operating a vehicle, a driver owes those who share the road a duty to exercise a certain level of care. If a driver fails to obey a traffic law by speeding, driving while distracted, driving under the influence, or engaging in some other form of illegal driving, the driver has breached that duty of care. If the driver’s actions lead to an accident which results in injury to someone sharing the road with the driver, he or she can be found to have acted negligently in operating the vehicle. If the driver is found guilty of causing the accident, he is considered liable and can be held financially responsible for the damage and injuries caused.
If you were injured in an accident that you believe was caused by the negligence of another driver, you may have a basis for a personal injury claim.
The key to proving negligence is to gather enough evidence to back up your claim. You may be able to prove that a driver broke a traffic law, seek witness testimony to corroborate your claims, or offer a police report which states that the driver was at fault in the accident.
Typical Motorcycle Accident Scenarios
Although circumstances leading to a motorcycle accidents can vary widely from case to case, what follows is a list of typical accident scenarios in which a motorcyclist can be injured due to negligence on the part of another driver. You may have a basis for a claim if you were injured by a driver who:
- Failed to yield the right of way;
- Changed lanes in front of you;
- Pulled out in front of you;
- Rear-ended you; or
- Opened the car door directly in front of you.
How Can an Attorney Help?
After your accident, you will need to fill out complicated, claim-related paperwork, identify and protect yourself from dishonest insurance rep tactics, and gather sufficient evidence to prove fault. This usually proves to be too much to handle. With the assistance of an experienced personal injury attorney, you don’t have to face this on your own.
The team of motorcycle accident lawyers at Marasco & Nesselbush are committed to assisting you with your case, from start to finish. Our attorneys will work to assist you after your accident by:
- Making sure you have received proper medical attention – if you are still recuperating from your injuries, our attorneys may suggest trusted health care providers so that you get the best possible medical attention and recover as fast as possible;
- organizing your medical documentation;
- assessing the total financial impact of the accident, by evaluating your injuries, medical bills, lost wages, property damage;
- contacting witnesses to the accident;
- dealing with at-fault parties, insurance companies, and their lawyers;
- writing a demand letter to the at-fault party’s insurer; and
- negotiating a fair settlement or, if negotiations fail, representing you in court.
After a motorcycle accident, our attorneys will work hard so that your injuries and damages are officially recognized, and at-fault parties are held financially responsible for their negligence. While it is nearly impossible to determine the amount of financial compensation you can receive from a personal injury settlement, you may be entitled to compensation which covers:
- Medical bills which have accrued as a result of the treatment for your injuries;
- Income that you have lost as a result of being unable to work due to your injuries;
- Future earning capacity which has been diminished if your injuries leave you permanently disabled;
- Property damage to your motorcycle;
- Physical pain which you suffered as a result of your injuries; and
- Mental anguish which you endured after your accident.
The sooner you contact a personal injury attorney, the sooner you can move toward obtaining the compensation you deserve for your accident.
Beware of Insurance Representatives
After a motorcycle accident, you can almost guarantee that one of the first calls you will receive is from an insurance company. As soon as you receive this call, you should be on alert. Insurance companies are notorious for using a few standard tactics in order to keep you from receiving the compensation you deserve. By knowing what to keep an eye out for, you can have a better chance at avoiding common pitfalls the insurance company may try to lure you into.
Be Careful of What You Say on a Phone Call
When you receive a phone call from the insurance company, you’re likely going to speak with a very friendly representative who seems to have your best interests at heart. No matter how genuine or comforting the representative may sound, don’t be fooled into thinking that the insurance representative is on your side. At the end of the day, the person on the other end of the phone works for a business whose primary goal is to pay you as little as it can.
Be mindful of what you say on this call. The conversation that you have with the insurance representative is almost guaranteed to be recorded. Insurance reps are trained to put you in a state of comfort in the hopes that you will say something that is harmful to your case. Any slip-up that you make will be recorded, and the insurance company will have no qualms using your own words against you.
Don’t Sign any Paperwork without an Attorney
After your accident, you will almost always receive a package of forms to fill out and send back to the insurance company. When it comes to this paperwork, you can bet your bottom dollar that anything the insurance company is trying to get you to sign is not in your best interest. These forms can give the insurance company an immense amount of power, such as obtaining access to all of your medical history (even medical history that has nothing to do with your accident) and requiring you to use the insurance carrier’s medical expert to determine whether you’re really injured.
Whenever you receive any document from the insurance company that requires your signature, no matter how harmless it may seem, it’s always a good idea to consult with your attorney. After a motorcycle accident, you are likely to be tired, disoriented, and in pain–in other words, you are probably not in the best state of mind to fill out a mountain of forms.
Don’t Accept an Immediate Offer
Another tactic that insurance companies are notorious for using is offering you a settlement very soon after your accident. You’ll also probably receive follow-up calls asking if you’ve made a decision to settle.
Don’t be fooled into thinking this is because the insurance carrier cares about your recovery and wants you to receive the compensation you deserve. The purpose of a quick settlement offer is to get you to sign the settlement documents before you have had a chance to fully assess your injuries and think about how the accident has affected your financial freedom. Many injuries have a delayed onset before appearing to their full extent, and some injuries don’t show up at all until weeks after your accident.
Once you sign the settlement documents, however, the amount for which you settle is final–there is no going back to the insurance company for additional money to treat the persistent backache you may experience later down the road. Before accepting any settlement offer, it’s important to fully assess the offer with a personal injury attorney.
Don’t Face Your Battle Alone
If you were involved in a motorcycle accident in Warwick or a surrounding Rhode Island town, you don’t need to read about how devastating the aftermath can be–you are likely experiencing it firsthand. After your accident, the last thing that you should do is try to fight your case on your own.
By entrusting your case to Marasco & Nesselbush, you can rest assured that you are receiving quality representation by a team of attorneys who have your best interests in mind. Our attorneys are dedicated to going the extra mile to obtain the compensation you deserve for the injuries you never should have suffered. Don’t wait until it is too late–to contact a member of our legal team today, fill out an online case evaluation form or call (401) 738-7700.