Raleigh Motorcycle Accident Lawyer

Determining & Negotiating Damages for Motorcycle Accidents

A personal may be able to recover damages for property damage to their vehicle or the market value of their vehicle if it is a total loss, medical expenses, lost wages, and pain and suffering. Most often, the drivers involved in the car accident are responsible for the damage caused, with the at-fault driver and their insurer owing compensation to the other party. The at-fault party is the one that caused the accident, but it is common for insurance companies to try to shift blame from their insured. 

If a motorist causes an accident while driving or driving or acts especially recklessly or lawless, he or she may be held personally responsible. If your claim involved an uninsured or underinsured driver, your own insurance company may be held responsible to cover your costs, and Tien Law Firm’s car accident lawyers can negotiate with your insurer and the other driver’s insurance company. If an accident involves a commercial driver, large truck, or ride-share program, a parent company may be responsible for the damages, in addition to the driver and insurer. If a government entity caused the collision special rules may apply, and you should consult with a car accident lawyer on the best way to proceed. 

An attorney can be helpful and valuable to help you determine your damages. If claimants handle their claim on their own, they run the risk of missing certain damages that they may be allowed in their case.  Additionally, a lawyer can can obtain your medical bills and medical records, seek lost wages information, and negotiate with the insurance company. For serious and life-altering collisions, your attorney can identify experts to render expert opinions on future medical treatment, economic loss, and other damages one may be entitled to after being seriously injured in a car accident. 

How Long Does a Motorcycle Accident Lawsuit Take: Understanding the Timeline of a Motorcycle Accident Lawsuit

Motorcyclists face unique risks on the road, and when an accident occurs, the aftermath can be both physically and legally complex. One of the most common questions riders have is: how long does a motorcycle accident lawsuit typically take? The answer, as with many legal matters, is not a simple one. The timeline can vary significantly depending on the circumstances of the case and the jurisdiction in which it is filed.

Initiating the Legal Process in a Motorcycle Accident Lawsuit

The first step in a motorcycle accident lawsuit is to file a formal complaint with the appropriate civil court. This initial filing sets the wheels in motion and starts the clock on the legal proceedings. Depending on the state or county, the filing process can take anywhere from a few days to several weeks, as the paperwork must be properly prepared and submitted.

Investigation and Discovery in Motorcycle Accident Cases

Once the lawsuit has been filed, the discovery phase begins. This is a crucial step where both sides gather evidence, interview witnesses, and build their respective cases. The discovery phase can be the most time-consuming part of the process, as it often involves extensive document review, depositions, and expert witness testimony. Depending on the complexity of the case, the discovery phase can last anywhere from several months to over a year.

Settlement Negotiations and Mediation of Motorcycle Accident Cases

Many motorcycle accident cases never reach the trial stage, as the parties involved often choose to settle out of court. Settlement negotiations and mediation can occur at any point during the legal proceedings, and these discussions can significantly shorten the timeline. If the parties are able to reach a mutually agreeable settlement, the case can be resolved in a matter of months rather than years.

The Trial and Verdict of a Motorcycle Accident Case

If settlement negotiations are unsuccessful, the case will proceed to trial. The trial itself can take anywhere from a few days to several weeks, depending on the complexity of the case and the court's schedule. Once the trial has concluded, the judge or jury will deliberate and issue a final verdict. This decision-making process can take anywhere from a few hours to several weeks, depending on the case.

Appeal and Post-Verdict Proceedings of a Motorcycle Accident Case

In some cases, the losing party may choose to appeal the verdict. This can extend the timeline of the lawsuit even further, as the appeals process can take several additional months or even years to resolve. Additionally, post-verdict proceedings, such as the enforcement of the judgment or the collection of damages, can also add to the overall timeline.

Factors That Influence the Timeline

The length of a motorcycle accident lawsuit can be influenced by a variety of factors, including:

• The complexity of the case (e.g., the number of parties involved, the severity of injuries, the amount of evidence to be reviewed)
• The jurisdiction in which the case is filed (some courts have faster or slower processes)
• The willingness of the parties to negotiate and settle out of court
• The availability of expert witnesses and the time required to prepare their testimony
• The court's schedule and backlog of cases

In general, a simple motorcycle accident lawsuit may be resolved within 12-18 months, while more complex cases can take 2-3 years or longer to fully conclude.

Navigating the Legal Landscape

Motorcycle accident lawsuits can be daunting, but understanding the potential timeline can help riders and their families prepare for the journey ahead. It's important to work closely with an experienced personal injury attorney who can guide you through the legal process and ensure your rights are protected. With the right legal representation and a clear understanding of the timeline, you can navigate the road to justice and seek the compensation you deserve.

Types of Insurance for Motorcycle Accident Claims

If you or a loved one were injured in a motorcycle or moped wreck, there are many legal and financial issues to sort out. One of the first steps is to determine under which insurance policy or policies you or your loved one may be able to recover.

When a motorcycle or moped is hit by a car or truck, this entitles the victim to assert a claim against the at-fault driver’s automobile insurance policy. In North Carolina, each automobile is required to have at least $30,000 in liability coverage for bodily injury claims. But what if the driver does not have any insurance? Also, what happens if the damage exceeds the $30,000 policy limit? In these scenarios, the injured motorcyclist may have other avenues of recovery available. For example, the motorcyclist may be able to recover damage from his or her own motorcycle or automobile insurer under the Uninsured or Underinsured Motorist coverage.

If, however, the motorcycle wreck occurred due to an unsafe road condition, you or your motorcycle accident lawyer will have to find out who is responsible for maintaining the road or railroad track where the wreck occurred. Negotiating payment from a government agency can be challenging, and you may face an uphill battle filled with traps for the unwary. Therefore, it is highly recommended for you to seek legal representation before proceeding against a government agency for compensation. For wrecks occurring on state-maintained highways, the claim may be covered under the North Carolina State Tort Claims Act, and recovery may be capped at $1,000,000.00.

If you or a loved one have questions about a motorcycle accident, contact our dedicated motorcycle accident lawyer in Raleigh for a free consultation. As an avid motorcycle rider with years of riding experience, our motorcycle accident attorney is uniquely positioned to pursue your motorcycle accident claim. We are passionate about protecting the rights of fellow riders.