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Power Sport News, Vol. 11, No. 4, 2007
Motorcycle Accidents: Do You Need a Lawyer?
By Daryl
Brown
If you have been involved in a motorcycle accident, you
might be wondering about hiring a lawyer. Your insurance adjuster
may have told you a lawyer will only take a percentage of the settlement,
therefore leaving you with less. Lawyers however, play an important
role in accident cases and have the ability to increase the size
of your settlement more often than not. Even if you decide to forgo
their assistance, speaking with one before settling is always a
good idea. Most lawyers will be happy to meet with you for a free
initial consultation.
During the consultation, the lawyer
will be able to analyze your unique situation and if retained, will
consider the possible long-term consequences of your injuries and
hire medical experts to assess your health and offer prognosis.
For example, your neck or back injury may not be affecting your
employment at present, but some injuries can and do get worse, and
yours may very well impact your employment in the future. Your leg
fracture may be healed, but the possibility of arthritis in a few
years may affect your employment or your suitability for other types
of work. Each of these scenarios considers future loss after settlement
and involves legal concepts that are sometimes complicated.
If liability is potentially an issue, it may necessary to
search for possible evidence that will reduce your exposure. For
instance, you were riding toward the intersection facing a green
light and another motorist turned left in front of you, then the
insurance company said you were speeding and is holding you partially
responsible. A lawyer may need to hire an accident reconstruction
engineer to examine your motorcycle and the other car before they
are repaired or destroyed. The type of damage can help determine
speed after the weight of you and your bike are factored. A search
of the accident scene for the location of vehicle debris and examining
the skid marks before they disappear can assist in recreating pre-impact
events. Witnesses are interviewed and their statements are compared
with the data to ensure your version of the events is properly advanced.
The best time to hire a lawyer will depend on several things
however, if: you are seriously injured; are possibly at fault
in the accident; the insurance company is denying your claim calling
it a "low velocity impact" even when you experience a lasting injury;
or if you received a possible permanent injury, which may result
in loss of future earnings or the need for future care, you should
seek legal advice immediately. Taking advantage of a free consultation
before settling your claim is always prudent. Your claim can be
assessed and you will know if the insurance company is treating
you fairly. If you decide not to seek consultation, you should know
settlements are final and rarely set aside. Remember, if insurance
adjusters were prepared to offer exactly what claims were worth
every time, lawyers working in this area would not be in business.
Note: This site is for information purposes
only and is not meant to be construed as legal advice or motorcycle
riding instruction. Circumstances concerning proper riding technique
are subject to change with conditions and experience. Contact your
local riding school for more information. For legal consultation,
contact Motorcycle Lawyer, Daryl Brown @ 400-713 Columbia St., New
Westminster, BC, 604-526-1821 or 604-612-6848. Content provided
by Motorcycle Lawyer.ca is not to be reproduced without authorization.
Motorcycle Lawyer.ca is a pending trade mark and any unauthorized
use of the name or likeness is prohibited.
Copyright © 2004-2008 MotorcycleLawyer.ca,
All Rights Reserved.
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