The damages you can collect for a motorcycle accident could include compensation for medical care or even lost wages, for example, but the damages possible in your case will depend on the specifics of your accident. If you were mildly injured, you might collect less than someone who ended up in a coma. The Legal Information Institute (LII) states that damages refer to the money you could collect when your rights are infringed upon.
The Types of Damages Available to You
Many people are aware of the fact that they could collect compensation to help pay for their medical bills or repair their vehicle after a motorcycle accident, but it is also important to note that there are other forms of compensation you could pursue. These might include damages to help you cover the following losses:
- Past and future pain and suffering or mental anguish
- Transportation costs to help you get to and from medical appointments while your car is being repaired
- Lost wages, benefits, bonuses, and tips
- Loss of consortium, if you lost a loved one in an accident
A lawyer can help you evaluate your losses so that you can seek the maximum compensation for the accident. If you were a motorcyclist in an accident, your injuries and medical needs after an accident could be substantial. As a passenger vehicle driver in a collision with a motorcyclist, you may also be facing any number of challenges after the accident, from injuries to property damage.
Many of these losses could be compensable in an injury claim or lawsuit.
How Your Accident Might Have Occurred
You could be eligible to seek damages after your accident. Such an event could be caused by another person’s negligence or recklessness. You will have to prove that the liable party caused the accident–and your subsequent losses.
There are many details that could be relevant to your case, including:
Whether the Other Driver Was Impaired
All drivers are required by law to operate their motor vehicles while of sound mind and body. The other driver involved in your accident might have been under the influence of alcohol, over-the-counter medications, or illegal substances.
If the driver was tired, this might also have been a contributor to the cause of your accident. The body requires a specific amount of sleep to function properly. According to the Centers for Disease Control and Prevention (CDC), drowsy driving poses substantial risks to other drivers on the road. Drowsy driving can be a particular issue among commercial truck drivers, for instance.
A lawyer can help you hold a negligent driver, trucking company, or another liable party responsible for wrongdoing. A lawyer can use many forms of evidence to show that a driver was negligent, including accident reports, dashboard camera footage, driver logs, cell phone records, and more.
Distracted Driving Before the Accident
There are many forms of distraction that could pose a risk to other drivers, including watching the scenery, helping children or other passengers in the vehicle, changing the radio, failing to concentrate, and self-grooming. Text messaging and using electronic devices can be a major form of distraction that can take a driver’s focus away from the roads.
Someone might have failed to take your safety into consideration while driving and hurt you as a result. For any drivers or passengers involved, collisions that result from distracted driving could be very serious or even deadly.
Proving Negligence and Fault in a Motorcycle Accident
You could use information you noted at the scene of the accident in order to prove the events of the accident—and to demonstrate how the accident affected you. For instance, you might have the contact information of eyewitnesses and the parties involved in the accident. You could give these details to your lawyer so that he or she could follow up with these individuals.
Security camera footage from a nearby business, traffic camera footage, or photos and videos you (or someone else at the scene) took of the accident and its aftermath could also help you.
You can also write about how you remember the accident to keep the details clear in your mind. You could also keep a journal of your recovery experience if you were injured, along with visual evidence of your injuries.
Hire a Lawyer to Help You Collect Damages for a Motorcycle Accident
In Nevada, you have a limited amount of time to take legal action, according to NRS §11.190(4)(e). You do not necessarily have to file a lawsuit in every circumstance, but if you cannot get the insurer to pay your claim, you might have no choice but to file a suit. If the court date arrives and the other party has not agreed on a settlement, you could argue your case in front of a judge.