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October 9, 2018 by

What if My Employer Does Not Have Workers’ Comp?

If you are injured at work and incur medical bills or even have to be off work or any amount of time per your doctor’s orders, how do you get reimbursed for your expenses, lost wages, etc? Do you need to file a claim against your company to get the money?

Workers’ Compensation Insurance is required by law in most states. The company can either purchase the insurance through a separate insurance company or through a program the company sets up to cover workers’ compensation claims. In most states, employers have to acquire workers’ compensation insurance even if they employ just one person. Some states require between two and five employees.

Workers’ compensation was put into place to protect both the employee and the employer, as a workers compensation lawyer Wytheville, VA trusts knows well. It protects the employee by offering benefits to workers who may be injured or fall ill as a result of their job. These benefits are offered regardless if the injury or illness was the employee’s fault or the fault of the employer. Workers’ compensation insurance protects employers from their employees suing them through a personal injury claim for monetary compensation for pain and suffering.

What if your employer disregards the law and does not have workers’ compensation insurance?

In most states, if you are injured or become ill because of something at your workplace and your employer does not have workers’ comp insurance, you can file a personal injury claim. This claim allows you to seek full compensation for your injuries and you are not subjected to a cap that is set by the workers’ comp law. For example, most workers’ compensation insurance pays partial disability benefits, usually consisting of about two-thirds of the wages that the workers lose, up to a set maximum amount and a prescribed time limit.

What Can You Claim in a Personal Injury Lawsuit?

If your employer does not have workers’ comp insurance and you choose to file a personal injury lawsuit, you can claim the total amount of your losses, including:

  • Lost wages
  • Medical expenses
  • Pain and suffering
  • Punitive damages – these can be claimed if you can prove that your employer’s misconduct was the cause of your injury or illness

Damages for pain and suffering or for punitive damages cannot be collected through workers’ compensation insurance.

A negative to taking your employer to court is that it could take a considerable amount of time to get through the court process and collect any money. Workers’ compensation insurance claims are generally handled within a few weeks. In addition, if you were to pursue a personal injury claim you will have the burden of proving that your employer was at fault for your illness or accident. Conversely, workers’ compensation insurance is a no-fault policy where proof is not necessary.

Are there any other means to recover damages outside of court?

  • Check with your state to see if there is a reserve fund for anyone injured on the job while working for an uninsured employer. Using this method may allow you to recover your medical expenses or even a portion of  your lost wages.
  • There are a few states that have insurance programs for those temporarily disabled. These programs may give you short-term benefits during the time you are not able to work.

 


 

Thank you to our friends and contributors from The Law Offices of Mark T. Hurt for their insight into workers compensation.

Filed Under: Uncategorized

October 5, 2018 by

How to Reduce Insurance Rates After an Accident

Auto Accident Lawyer

Accidents happen. They occur every day, everywhere. At some point in your life, you may be the victim of one, or labeled at-fault.

If you caused an accident, you’re probably feeling angry, upset, and disappointed. Accident attorneys know you’re dealing with a lot – you likely have car repairs of your own, maybe some injuries you’re nursing, and facing stress as you wonder how much your insurance rates may suffer from this ordeal.

Though you may feel defeated about insurance rates, you don’t have to. There are steps you can take to get your insurance rates back on track.

Own up to the Accident

If you caused a minor accident, you may be considering whether it’s worth filing a claim. But not so fast. Some policies require you to report anything that may result in a future claim. If you don’t, you could be out of luck with coverage.

Some damage, and especially medical injuries, may not be visible immediately. Things may surface over time. If you think there is a chance you could need your insurance policy in the future, it’s best to notify them right away.

Ask for Forgiveness

If your accident warrants a claim, explore your policy’s forgiveness rules. Insurance companies know better than anyone that accidents are sometimes unavoidable. And many more of them now offer accident forgiveness under varying circumstances.

If it’s your first crash, you may automatically be given a free pass and won’t see your premiums change at all. In some cases, you may need to be with the insurance carrier for a certain number of accident-free years before you can take advantage of forgiveness policies.

Some may expand their requirements to include no moving violations for a set period of time.

Go Back to School

Driver’s education isn’t just for beginners. It can also be used to prove you’re committed to becoming a safer driver, thus possibly helping to reduce your insurance rates.

A driving course may be viewed as a positive step toward being a more careful driver. Insurance companies may not advertise this though. You may want to consider taking initiative and signing up for a class. Submit your completed certificate to your insurance company for consideration in your case.

Increase your Deductible

Your insurance premium is the amount you pay every month to receive coverage. Your policy deductible is the amount of money you pay out of pocket before the insurance company pays your claim. Let’s say your deductible is $500 and your car repairs are $1,500. That means you’ll pay your $500 deductible and the insurance company will then pick up the balance of your bill.

The deductible and premium work opposite of each other. So if you’re willing to pay a higher premium each month, that would lower your deductible. If you’re willing to pay a higher deductible in the event of an accident, then you’ll pay less on your premium each month.

Deductibles often range from $250 to $1,000 dollars. If you raise your deductible to $1,000 it could save 20%, 30% or even 40% on your premium every month.

Call for Experienced Help

An auto accident lawyer Memphis, TN trusts knows how to negotiate with insurance companies and will advise you on the best course of action for your case as well as take care of all of the details along the way.

 


 

Thank you to our friends and contributors at Darrell Castle and Associates, PLLC for their insight into car accidents.

Filed Under: Uncategorized

October 5, 2018 by

Defective Tires Cause Deadly Accidents

Auto Accident Lawyer

The tire manufacturing industry contends that few accidents are caused by tire defects. Experts can debate the statistics, but a quick look at three recent tire recalls tells a frightening story.

Achieva Rubberis told the National Highway Traffic and Safety Administration (NHTSA) that it was recalling certain Innova-brand specialty trailer tires because they may fail federal strength tests. The six-ply tires, manufactured in China, lacked sufficient nylon belt material to satisfy federal safety standards.

Continental has recalled thousands of its Conti Coach HA3 commercial truck tires. According to Continental, the tires have cords that become visible through the inner liners. Continental acknowledged that air can penetrate the inner liner, which might cause a bulge or blister in the sidewall. A tire with that defect could experience sudden air loss, resulting in loss of control of the vehicle.

Kumho Tire is recalling certain Solus KH16 tires because the tire belts may separate. Belt separation is one of the most dangerous conditions associated with defective tires. Kumho explained that its Macon, Georgia plant used incorrect materials in the construction of the tires.

Concealing Evidence of Tire Defects

Recalls are a good thing, to the extent that manufacturers discover a defect and take prompt action to remove defective products from the market. At the same time, recalls make clear that a manufacturer marketed a dangerous product, and that its quality control process failed to prevent dangerous products from reaching the market.

Unfortunately, tire recalls often occur after tire failure has caused deadly accidents. In 2001, NHTSA investigated fatal accidents attributed to Firestone tires, primarily due to tread separation. Before Firestone recalled the tires, NHTSA uncovered almost 300 deaths associated with accidents involving defective Firestone tires. The number of nonfatal accidents is unclear, but there is little doubt that thousands of additional passengers and drivers were injured because of defective Firestone tires.

Documents reported by the news media revealed that Firestone was aware of the tire defects at least by 1997, and actually recalled some of the same tires that it sold in Middle Eastern countries in response to dealer pressure. Despite a growing rate of warranty claims for tire failures, Firestone took no action to recall the tires it sold in the United States until after NHTSA’s investigation came to the public’s attention.

Is Goodyear the New Firestone?

While almost two decades have passed since the Firestone fiasco, it isn’t clear that the tire industry has learned its lesson. Dozens of lawsuits suggest that Goodyear is the latest tire manufacturer to put profits ahead of public safety.

Goodyear has been accused of selling its G159 tire to recreational vehicle manufacturers while concealing evidence that the tire, developed for low-speed delivery vehicles, was incapable of handling highway speeds when used on an RV. Goodyear’s own test data suggested that the tires were prone to heat-induced failure, including tread separations and blowouts, particularly when affixed to a heavy vehicle traveling at freeway speeds. That data did not stop Goodyear from selling the tire to RV manufacturers.

Goodyear has tried to settle the lawsuits quietly and confidentially, a practice that may have delayed a NHTSA investigation of the defective tires. Goodyear has also been accused of “aggressively covering up a deadly defect” by waging “an exhaustive legal campaign . . . that kept plaintiffs from knowing the details of just how bad the G159 really was.” A federal judge concluded that Goodyear’s attorneys withheld crucial data from plaintiffs.

After news reports surfaced regarding the lethal tires, NHTSA obtained a court order to examine evidence that had been subject to protective orders and confidentiality clauses in settlement agreements. That investigation may eventually lead to a recall, although given the long delay, many RV owners may have already replaced the tires.

Tire Defect Litigation

Tread and belt separations are the most common sign of a defective tire. While tire manufacturers routinely attribute tire failures to causes other than defects, any serious accident that can be traced to a tire failure merits investigation by a lawyer who handles product liability cases.

When tires fail during normal usage, experienced lawyers draw on experts in the fields of tire construction, material science, and vehicle dynamics to build a case against tire manufacturers. Tire manufacturers nearly always blame consumers for tire failures, but experienced auto accident lawyer know how to overcome those defenses.

Filed Under: Uncategorized

September 26, 2018 by

Don’t Stress About Your Deposition! The Truth is Your Friend

Truck Accident Lawyer

If you have been involved in a serious accident involving a commercial transport vehicle such as a semi tractor-trailer or a single-unit truck, the attorney(s) representing the defendant insurance company(ies) will probably request your deposition and the deposition of your spouse if he or she is joined to your claim. Insurance companies are reluctant to pay out large settlements until they have explored every aspect of the accident, your medical history and other losses including a loss of wages and disability.

First and foremost, the deposition is a fact-finding mission. When your truck accident lawyer starts the litigation process, a Complaint is filed with the court. It contains limited information about the accident and the damages suffered in outlined form. Meanwhile, the defense will review the police report and use their investigators to gain further knowledge. During the discovery process, your answers to defendant(s) interrogatories along with the exhibits you and your attorney provide, continue to paint a picture of your claim. If the insurance company(ies) have unanswered questions that need to be addressed before further discussions of settlement or mediation with your truck accident lawyer ensue, they may request you be deposed under oath to fill in the factual gaps.

The truth is your best friend. You have discussed your case at great length with your truck accident lawyer. Your attorney has looked at your case from every angle, anticipating any problems that may arise and has already gone over them with you. Your transparency about prior accidents, medical issues, and surgical procedures allows your attorney to get out in front of these matters and minimize any concerns. Keep in mind that your attorney believes you have a legitimate claim.

A few days before the deposition, begin to familiarize yourself with evidence of your claim. This includes but is not limited to the police report, your answers to the defendant’s set of interrogatories, any diaries you may have kept while you were being treated and medical records. Get plenty of rest the night before and eat well the morning of your deposition to increase your stamina.

The following are some tips to follow while your being deposed:

  1.     Listen carefully and fully to the questions before answering.
  2.     If you don’t understand the question, ask that it be stated in a different way.
  3.     Give direct, to the point, truthful answers. Do not elaborate, embellish or add to the discussion.
  4.     If you don’t know the answer to a question, do not guess. State that you don’t know or cannot remember.
  5.     The court reporter is there to transcribe the proceedings and conversations that have taken place. Give only verbal answers—no nods or head shaking.
  6.     If you are asked about distances, weights or times, preface your answer with ‘this is an estimation or approximation…’
  7.     You may be asked to verify documents. Read each document carefully before you testify about it.
  8.     Be truthful in your answers.
  9.     Do not answer any questions that your attorney objects to.
  10.  If you need a break, do not be shy about asking for a few minutes.

Soon after the deposition, you will receive a copy of the transcribed proceedings. Read your deposition carefully. If you have changes in your testimony, your trucking accident lawyer Indianapolis, IN relies on will instruct you as to how to make those changes before you place your signature on the document.

Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into personal injury cases and depositions.

 

Filed Under: Uncategorized

September 19, 2018 by

How a Sleep-Deprived Trucker Can Cause a Horrible Accident

Truck Accident Lawyer

The average driver may feel intimidated by the presence of a commercial truck on the road. They may notice the vast size difference, but are not sure just how much heavier this hefty truck can weigh in comparison to other vehicles. Commercial trucks may weigh up to an astounding eighty thousands pounds if fully stocked with cargo. By drastic contrast, the passenger vehicle may only weigh a skimpy four to five thousand pounds. If you factor in the sheer weight difference and a sleepy trucker to the equation, it can equal to a truly horrible accident.

Those who have been injured and suffered financial loss as a result of being hit by a commercial truck, can benefit from meeting with an attorney for advice. If you are interested in filing a lawsuit against the trucker and trucking company, they can help you through that process.

Here in the article below, we have talked about how sleep-deprivation among truckers can seriously put other drivers on the road at-risk for harm.

Why Truckers Do Not Get Enough Sleep

Truckers may lack sufficient sleep due to the nature of the job. Truckers are responsible for hauling products or goods to the arrival destination without being late. Due to the pressures of making it to the delivery spot on-time, truckers may skip out on sleep in order to get ahead.

There are regulations surrounding how many hours a trucker is permitted to drive in one sitting. However, if no one is riding with the trucker while on a route, rules can easily be broken without witnesses. An attorney can help you figure out if the trucker who hit you may have been breaking commercial truck regulations when it happened.

The Dangers of Lacking Quality Rest

Sleep-deprivation is much more serious than simply being a little tired. When the body is lacking quality rest, mental and physical functioning can become impaired. In order to operate a commercial truck safely, truckers must be alert at all times. Even daydreaming or dozing off for a second can be enough to result in a collision.

A trucker may even experience was is often called “microsleep”, where the body desperately attempts to gain rest even while in the middle of an activity. A trucker could go into a brief moment of microsleep while driving, without even knowing. Episodes of microsleep may only last a fraction of a second, up to half a minute.

Meeting with an Attorney

A trucking accident lawyer Trenton, NJ trusts can help you file a lawsuit against the truck or trucking company for your injuries, damages and losses as a result of the crash. You may be entitled to receiving compensation for the following:

  • Medical expenses for injuries related to the accident
  • Loss of wage due to missing work for recovery
  • Costs to get your car fixed or purchase a new vehicle if it was totaled

 


 

Thank you to our friends and contributors at Davis & Brusca, LLC for their insight into trucking accidents.

Filed Under: Uncategorized

September 12, 2018 by

Are Orthodontic Treatments for Car Accident Injuries Unusual?

 

Car Accident Lawyer

It’s not unusual to need orthodontic treatments for car accident injuries because the occupants will collide against a hard surface. If their face or mouth hits the dashboard, the seat in front of them, or the windshield, it can cause significant damage to their teeth. A car accident lawyer focuses on clients who have suffered serious injuries in accidents caused by negligent drivers. Injuries to the mouth are not uncommon, and in addition to their painful nature, orthodontic treatments for car accident injuries are often costly. If you were hurt in this way, you may be eligible for compensation for your damages from the at-fault driver. If you would like to know more, call our office today and request a free consultation with our car accident lawyer.

 

What are common types of car accident injuries that affect the teeth?

Even when the vehicles are traveling at lower speeds, injuries to the teeth are common in collisions. It’s very important to see an orthodontist immediately following a blow to the mouth because some serious injuries are not immediately apparent. It may be necessary to undergo orthodontic treatments for car accident injuries regardless of the victim’s age. The severity of the injuries will vary depending on how the injury occurred, the overall oral health of the victim, and their age. Your condition may involve one or more of the following:

 

  •      If one or more teeth broke, and they are not baby teeth, orthodontic treatments for car accident injuries can be handled in one of several ways:
    • Broken tooth: If the tooth’s pulp is dead, inflamed, or becomes infected it may be necessary to undergo a root canal. It’s not unusual for this to happen at some point in the future rather than in the short term. If your orthodontist determines this is a possibility, your car accident lawyer can include future medical care in the list of damages against the at-fault party.
    • Fractured tooth: A fracture can be relatively minor if the outer tooth layer (dentin and enamel) is chipped, or the injury can be severe if the tooth or its root is fractured. An orthodontist, like a San Clemente, CA orthodontist, may opt to extract the tooth, do a filling, or install a crown. In some cases, a root canal may be necessary.
  •         If a tooth is moved out of position, it has been displaced. Orthodontic treatments for car accident injuries of this kind may necessitate a splint to realign the tooth. The splint may be comprised of orthodontic wires and brackets, much like braces. The length of time required for this treatment will depend in large part on how severely the tooth was displaced. If the trauma to the tooth was significant, an eventual root canal may be necessary.

Be sure to get copies of your dental exam and treatment, as well copies of your bill. Your car accident lawyer will need these when developing your claim for compensation from the at-fault driver.

 

Seek Orthodontic Treatment Immediately After an Accident

If your mouth suffered trauma in an accident, you may need long term as well as short term treatment. Orthodontic treatments for car accident injuries can be included as damages in an injury claim that a car accident lawyer can handle for you while you focus on recovery.


Thanks to our friends and contributors from John Redmond Orthodontics for their insight into orthodontic treatments for car accidents.

Filed Under: Uncategorized

September 5, 2018 by

What If I Witness a Sleepy Truck Driver on the Road?

A truck driver waking up early with a cup of coffee in hand and hopping into the driver’s seat of their commercial truck, may not necessarily be putting others at risk. However, a truck driver who drove throughout the night and has not slept in 24 hours but still wants to keep going, could cause a terrible accident, as a trucking accident lawyer in Memphis, TN knows well. Sleep deprivation can be a very serious condition that should not be taken lightly. Truck drivers often have strict deadlines they must meet, and may try to make up on time by driving more hours than they should. Even though there are regulations that do not allow truckers to drive more than a certain duration per day, it can be easy to sneak in a few extra hours when no one else is around.

Here in the article below, we have answered multiple questions about truck driver fatigue, including symptoms, what microsleep means, and what to do if you are hit by a sleep-deprived truck driver.

What are signs that a truck driver next to me is fatigued?

Car drivers may be terrified to look over and see a trucker appearing sleepy while behind the wheel of a vehicle that may weigh anywhere from 10,000 to 80,000 pounds. A little bit of tiredness may still be safe, but a trucker who has not slept in over a day can easily cause a tragic wreck. Signs that a truck driver may be fatigue are listed here:

  • Trouble focusing on the road
  • Narrowing of attention straight ahead
  • Head nodding
  • Difficulty keeping eyes open
  • Slow reaction time
  • Appearance “zoned out”
  • Constantly yawning
  • Frequently rubbing eyes
  • Drifting within lane

What does the term microsleep mean?

Microsleep is an episode of sleep that may last anywhere from less than a second, up to half a minute or so. During this time, the person may not be able to respond to outside stimuli at all. Perhaps the most frightening part about microsleep, is that the person may not even realize this is happening until it is too late. Drivers who are lacking quality and quantity sleep, may be more susceptible to experiencing bouts of microsleep while behind the wheel. Microsleep is the body’s way of desperately trying to make up for a lack of proper sleep through very small periods of forced rest.

Can I sue a truck driver for hitting me due to falling asleep?

Car drivers who have been hit by a trucker that fell asleep while driving, should call 9-1-1 for support immediately. The injuries associated with commercial truck-related accidents can be painful and even life-threatening. It is not unheard of for the car driver to be ushered to the emergency room for treatment because of a traumatic brain injury, excessive bleeding, deep wounds or neck injury. The costs for emergency medical care can add up quickly, resulting in the car driver facing substantial debt and financial hardships. Victims of such collisions may decide to lawsuit against the truck driver or trucking company for these medical expenses and other damages.


Thank you to our friends and contributors at Patterson Bray, for their insight into personal injury and truck accidents.

Filed Under: Uncategorized

September 4, 2018 by

What is a closed head injury?

Closed head injuries are a common injury seen in brain injury claims. This type of injury occurs when the head suffers a significant blow from a physical object or shock wave, but there is no penetration through the scalp or skull. Closed head injuries can be mild to moderate, severe, or life threatening with most being mild. These types of injuries are also known as the silent injury because they are often not immediately noticeable. Due to the limited amount of room inside the head, the brain is vulnerable and any kind of sudden, violent blow can cause it to hit the side of the skull with force. If this force is hard enough, brain cells can be destroyed and neurons could be torn. When this happens, the connections between the cells become disrupted; therefore, hinders communication in the brain. Blood vessels might also be broken and cause long term damage over a period of time. For all of these reasons, it is prudent to get medical attention whenever a person’s head has suffered from a violent impact or force.

Concussions

Concussions are considered to be the most common type of closed head injury. In general, there is no internal bleeding and they can be mild to severe. A person who has suffered a concussion could experience temporary memory loss or confusion, but these symptoms should pass in 3-5 days. A second impact to the head while the person has the concussion could be life threatening, so rest and limited mobility is recommended.

Contusion

A contusion is considered to be a serious closed head injury and refers to bruising on the brain. Another name for this is hematoma. Although bruises on other parts of the body are often not serious, when on the brain, they can be life threatening or lead to permanent damage. Consequences to a contusion type of injury include:

  • Loss of blood to the brain
  • Loss of oxygen to the brain
  • Swelling, also known as edema
  • Destruction of brain cells

Identifying the Symptoms of a Closed Head Injury

Closed head injuries are not always obvious. In fact, it is possible for them to be dismissed as a minor concussion by doctors, especially when the injured person can function right after the accident. Symptoms might not show themselves for weeks; some include:

  • Vision or hearing problems
  • Memory loss
  • Confusion
  • Dizziness
  • Nauseous
  • Inability to balance
  • Coordination problems
  • Changes in any of the 5 senses
  • Tingling sensation in half of the body
  • Constant headache

If you are experiencing any of the above, or are noticing new symptoms, you should get medical attention. Failure to do so could cause permanent brain damage or death. It might also affect your ability to file a legal claim.

Have You Suffered a Closed Head Injury?

If you or a loved one has suffered from a closed head injury because of another person’s negligence, you may be able to hold that person responsible for their actions with the help of a brain injury lawyer Miami, FL residents rely on. Likewise, if a doctor failed to diagnose your brain injury, you may have a medical malpractice claim.


Thank you to our friends and contributors at the Law Offices of Needle & Ellenberg, P.A. for their insight into brain injury cases.

Filed Under: Uncategorized

September 1, 2018 by

What are Signs that I Need Emergency Care After a Motorcycle Crash?

Motorcycle accident injuries can be very serious, and even put the rider at-risk for fatality if medical attention is not sought immediately. Motorcyclist injuries can cause long-term or even permanent impairments both physically and cognitively. If you or a loved one ever gets hit by a vehicle, remember to always put your safety first. Injuries sustained at the time of impact could worsen in the hours, days or even weeks following the incident.

How do I know whether I need emergency care after the accident?

A motorcyclist that just does not feel quite right after enduring such a blow, may want to call for an ambulance just in case. In the best case scenario, the rider only suffered minor scrapes and a little disorientation. But in the worst case scenario, the rider may have endured a traumatic brain injury, broken bone or blood loss from deep wounds. The severity of injuries can depend on how fast each person was going, at which direction the motorcyclist was hit, and how the rider landed if thrown off the bike. When in doubt, it may be best to just call for help.

Why is it that motorcyclist injuries tend to be far worse than the car driver?

Think about it this way, a motorcyclist has no outer protection except for the gear he or she is wearing. While a helmet and clothing made of a sturdy material can be useful, there is no barrier between the car exterior and the rider to lessen the force of impact. Injuries can be even worse if the rider were to fall off the bike and tumble over the car, or hit an object on the way down to the ground. The human body just was not created to withstand substantial amount of force.

What are signs that I should go to the emergency room?

If you decided to not get medical attention at the scene and went home instead, you may want to keep an eye out for any signs that you have sustained a critical or life-threatening injury. Symptoms that may mean you should probably go to the nearest emergency room or call for an ambulance include:

  • Pain or pressure in your chest
  • Trouble breathing or shortness of breath
  • A sudden headache that has not lessened in severity
  • Clear fluid draining from the ears or nose
  • Frequent episodes of nausea and/or vomiting
  • Blood in vomit and/or stool
  • A wound that has not stopped bleeding after 45 minutes
  • Unusual abdominal pain
  • Passing out, dizziness or weakness
  • Personality changes or mood swings

What if I cannot pay my medical bills?

A motorcycle rider who was recently involved in an accident may face steep financial loss due to medical bills and motorcycle repairs. What many riders may not realize is they can take legal action against the driver at-fault for what happened by filing a civil lawsuit. A personal injury attorney can evaluate your situation and help you decide if this is the route you wish to take.

Filed Under: Uncategorized

August 29, 2018 by

How Can Motorcyclist Accidents Happen and What Can I Do About It?

 

Victims of motorcycle accidents may have an abundance of questions after enduring such a crash. Motorcycle wreck cases can be very complicated, and an innocent rider may wonder how they can seek justice for what happened. Car drivers are not always looking out for the presence of motorcyclists as often as they should. So, riders can suffer the consequences of a car driver’s recklessness when sharing the road. Here in the article below, we have answered several questions that many riders may have about motorcycle accidents.

What are the most common reasons motorcycle accidents happen?

Car drivers may clip a motorcyclist due to claiming the rider had come out of nowhere right before impact. However, this could just be an excuse to try and avoid responsibility for the accident. In reality, a car driver may have been committing any of the following careless behaviors in the moments leading to the collision:

  • Texting or on the phone while driving
  • Being under the influence of drugs and/or alcohol
  • Intentionally driving recklessly (cutting off other drivers, changing lanes without a signal, speeding excessively)
  • Falling asleep behind the wheel

What if the car driver tries to deny any fault in the crash?

Even if the vehicle driver was obviously at-fault for the accident, he or she may try to say anything to prevent from facing the consequences. You may not want to get into a debate with the driver who hit you at the scene, simply call for police and let law enforcement do the communication. Focus on your well being by calling for an ambulance if you need one and taking photographs that can be used as proof of your side of the story later on.

Is it okay to give an insurance company my statement of what happened?

You may not want to answer any questions if you receive a call from an insurance company. Talk to your attorney first, as insurance representatives may try to get you to say something that can have a negative impact on your case. They may be fishing for information that can be used against you. Let your attorney know if you have received any of these types of calls, as your attorney may want to take over these conversations for you instead.

If I file a civil lawsuit against the driver, what may I be compensated for?

When meeting with your personal injury lawyer Longwood, FL relies on, take with you key documents and photographs that reflect your damages and losses. It can even help to have the contact information of witnesses who saw the accident unfold. The more evidence you have to backup your lawsuit, the better. You may be entitled to compensation for any expenses related to your motorcycle crash, such as:

  • Medical costs (procedures, diagnostics, hospitalization, ambulance ride, future treatment, physical therapy, prescription medications)
  • Loss of income (due to being out of work to recover)
  • Motorcycle repairs or costs to replace the bike
  • Pain and suffering
  • Costs to modify your home due to a temporary or permanent disability

Thank you to our friends and contributors at David & Philpot, PL for their insight into motorcycle accidents.

Filed Under: Uncategorized

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