Anyone who has ridden a motorcycle can tell you how dangerous it can be, especially when sharing the road with other drivers. Drivers of regular motor vehicles are likely to exhibit reckless driving behaviors around motorcycles, like failure to use turn signals, speeding, and not coming to complete stops.
Broken bones and traumatic brain injuries are two of the most common resulting injuries associated with motorcycle crashes. These are costly and can result in months in and out of the hospital and rehabilitative care centers. Having your life altered because of another’s negligence entitles you to damages, which a personal injury lawyer can help with. Not only will they assist you with filing your claim, but they will also help ensure you receive a settlement worthy of your suffering.
2 Components of Estimating a Motorcycle Collision Settlement
A settlement can be agreed upon outside of court and takes into account the entire scope of your accident. Specifically, there are two primary components when estimating the amount of your settlement, including the following:
Negligence
Utah utilizes a comparative negligence system, meaning you are eligible for damages if you are under 50% liable for the accident. If you are found to be partially negligent but share 49% fault or lower, you can still receive compensation for the crash.
Liability is established through four main elements: duty of care, breach of care, causation, and damages. These main components are there to establish you were owed a standard of care and someone has breached it, directly resulting in your injury. Your percentage of negligence is based on those four elements, and your settlement will be adjusted accordingly. For example, if you are found to have been 25% liable for the crash, your damages will be reduced by 25%.
Damage
Your settlement will vary depending on the damages incurred—the more severe the injury and higher the economic cost, the higher the settlement. Evidence can be gathered and demonstrated to prove you have greatly suffered from your motorcycle collision. Examples of tangible items that can directly influence your settlement amount include medical bills, lost wages, prescription medicine costs, rehabilitative therapy costs, and more.
When it comes to noneconomic damages such as emotional taxation, loss of consortium, or loss of companionship, it can be harder to calculate an exact numerical cost. A motor vehicle accident attorney with vast knowledge and experience in damages can help you estimate compensation appropriate for your suffering.
Injured in a Motorcycle Collision? A Personal Injury Attorney Can Help
To get a settlement worthy of your injuries, it is vital you begin consulting with a personal injury lawyer immediately. They can assemble time-sensitive evidence key to the settling of your case. The team at Feller & Wendt has proudly helped our community for many years and has been successful in 95% of our cases. Let us do the hard part while you focus on recovery with family and friends.
Feller & Wendt believes in a people-first approach, meaning we are there with you from the initial consultation all the way to the settlement. We are even prepared to take your case to court if need be. For a free consultation today, please schedule an appointment through our online contact form or give our office a call at (801) 499-5060.
