After you have been involved in a motorcycle accident, you may be able to bring a lawsuit against any parties who played a role in causing the crash to occur. Generally, motorcycle accident victims look to file a lawsuit when:
- They are not able to recover enough compensation from the insurance company to cover their losses
- They suffered serious or life-threatening injuries
Because motorcyclists do not have the same level of protection as those who occupy a passenger vehicle or large truck, their chances of suffering a severe injury are much higher than all others on the roadway.
Potential Parties that Can Be Sued After a Motorcycle Accident
If you suffered serious injuries such as a traumatic brain injury (TBI), fracture, or spinal cord injury (SCI) in a motorcycle accident, you may not be able to recover enough compensation from the insurance company to cover your medical bills. This can be especially true if any of the parties involved are uninsured or underinsured.
An uninsured motorist is someone who is not carrying any auto insurance coverage at all. An underinsured motorist is someone who is carrying limits that are not enough to satisfy a claim.
The cost of medical care today can be high. So, you want to be able to afford treatment if you suffered an injury that has (or will) require you to undergo
- Ongoing medical treatment
This is true regardless of whether the insurance limits are enough to cover your treatment or not. That’s where filing a lawsuit comes into the picture. If you have exhausted all the insurance limits that are available or the carrier(s) is only willing to pay a portion of your accident-related expenses, you may then be able to file a lawsuit against any of these parties:
If another driver was responsible (or partially responsible) for causing your accident, you may be able to file a lawsuit against them. When you file a lawsuit against another person, their assets will play a large role in how much you are able to recover—given you have a valid case.
Therefore, it would be a good idea for you to have a lawyer assess your case to determine what your chances are of being able to recover compensation to cover your unpaid expenses.
A Government Entity
Was your accident caused by a poorly maintained road or a pothole? While some states protect government entities from being sued, you may still have a viable case that could result in compensation for your injuries and other losses.
If you were involved in an accident with a driver who was working at the time, you may be able to sue the trucking company. Trucking companies are subject to regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Because many companies are responsible for the accidents their drivers cause, you may be able to hold his or her employer financially liable for the accident.
Research from the National Highway Traffic Safety Administration (NHTSA) reports that driver error tends to play a large role in many of the motor vehicle accidents that occur on U.S. roadways. However, there are other factors that contribute to motorcycle accidents as well. One of those is defective parts.
Sometimes, manufacturers will use faulty parts when constructing vehicles, which can cause them to malfunction. Sometimes, these malfunctions can lead to an accident occurring. If a defective part played a role in your accident, you may be able to sue the part’s manufacturer in your motorcycle accident case.
Time Limit to File a Lawsuit for a Motorcycle Accident
Knowing who to sue in a motorcycle accident case is only one of the obstacles you will have to overcome. Of course, this is a lot easier to do when you have a lawyer helping you. The next step is to get your lawsuit filed within the statute of limitations.
The statute of limitations is the time limit you have to bring a lawsuit against another party. While some states allow you two years from the date of your accident to file a suit, others may allot more. The statute of limitations for your case will depend on the state you are suing in and who you are filing your lawsuit against.
It is very important for you to know what your state’s statute of limitations is for bringing a lawsuit against another party. This is because once this time limit has expired, you risk not being able to sue.
Bernstein & Poisson Is Here to Help with Your Motorcycle Accident Lawsuit
If you would like to find out if you have the grounds to sue another person or entity for the injuries you suffered in a motorcycle accident, contact Bernstein & Poisson at (702) 633-3333. If another party is responsible for the injuries you suffered, a lawyer will help you recover any compensation you might be due. This might help make up for your past and future pain and suffering, as well as some (or all) of the medical bills you have accrued as a result of the accident.