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You ride your motorcycle safely. Regardless, a motorist takes their eyes off the road, crashing into you while you are traveling on your motorcycle. In the days after this incident, get legal help from a Fairlawn motorcycle accident lawyer.
Gemma Law Associates, Inc. has more than 50 years of combined legal experience on staff. Let our Fairlawn personal injury lawyer help you with your motorcycle accident case. Request a free case evaluation.
When to File a Lawsuit
If you want to file a lawsuit, meet with a Fairlawn motorcycle accident lawyer as soon as you can. Your lawyer can explain how fault is determined in a motorcycle accident claim. They can gather evidence to help you prove a liable party was negligent.
Per Rhode Island General Laws §9-1-14, you have up to three years from the date you suffer an injury to seek damages from a liable party. The time frame for filing a lawsuit may not be extended. If you wait too long after your motorcycle accident to sue an at-fault party, you could miss your opportunity to collect damages.
Accident scene photos, medical records, and witness statements are three forms of proof you can use to support your argument. With these and other evidence, you can show a judge or jury that a liable party was negligent. This could lead a judge or jury to award 100% of the damages you are requesting.
For a free legal consultation with a motorcycle accident lawyer serving FairlawnCall 401.467.2300
Motorcycle Laws in Rhode Island
For those who want to ride motorcycles in Rhode Island, you need a special license. To obtain this, you must have a valid state driver’s license. In addition, you must be at least 16 years old and complete a motorcycle safety course.
There are motorcycle helmet laws that apply to certain riders. If you are under 21 or have had your motorcycle license for less than one year, you must wear a helmet when you ride your bike. Anyone who rides on your motorcycle with you must also wear a helmet.
Even if you follow these and other safety regulations, you can still get hurt in a motorcycle accident due to someone else’s negligence. Following an accident that leaves you with an injury, request help from the team at Gemma Law Associates, Inc.
Schedule a consultation with our Fairlawn motorcycle accident attorney.
Fairlawn Motorcycle Accident Lawyer Near Me 401.467.2300
Who Is Responsible for a Motorcycle Accident?
If you follow Rhode Island’s motorcycle laws, it is unlikely you will be at fault for your accident. In many instances, a negligent motorist is liable for an accident, and the rider involved may be able to sue for damages. Other parties that can be at fault for motorcycle accidents include:
- Motorcycle manufacturer
- Mechanic
- Government entity
- Other motorcyclists
Ask a motorcycle accident lawyer in Fairlawn to help you identify any liable parties. They will review your accident and figure out who is at fault. Next, they can help you pursue economic and non-economic damages.
Damages You Can Get in a Motorcycle Accident Case
A motorcycle accident attorney in Fairlawn can teach you about compensatory damages and how they apply to your case. You could get damages for your quantifiable and subjective losses. Economic and non-economic damages you may recover include:
- Medical bills
- Lost wages
- Loss of enjoyment
- Pain and suffering
- Costs of repairing or replacing your motorcycle
Your lawyer adds up your damages and builds an argument designed to help you achieve optimal case results. Ultimately, you may get compensation through an insurance claim or personal injury lawsuit.
No matter what happens in your litigation, your attorney puts you in a position to secure compensation that lines up with your expectations.
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How a Motorcycle Accident Insurance Claim Works
You must have Rhode Island motorcycle insurance coverage if you ride a motorcycle in the state. Rhode Island is an “at-fault” insurance state. As such, you may request compensation for a motorcycle accident through an at-fault driver’s insurance coverage.
After your accident, notify your insurance provider about the incident, and the company will open an investigation. It can work with a liable driver’s insurer to determine who is at fault.
Ideally, it will be clear that you are not liable for the accident, and the at-fault motorist’s insurance company will cover your losses.
There are times when a liable motorist’s insurance is not enough to cover the losses you incur in your accident. Or, this at-fault party’s insurer can dispute your claim. In these scenarios and others, it helps to work with a lawyer, as they can file a lawsuit on your behalf.
How Comparative Negligence Can Impact Your Damages
Based on Rhode Island General Laws §9-20-4, pure comparative negligence can impact your motorcycle accident case. You can sue someone for an accident if they are 1-99% at fault. However, what you receive in damages in your lawsuit can be reduced by your percentage of fault.
To understand how comparative negligence can affect your case, consider an example. A judge or jury rules you are 10% liable for your motorcycle accident. If this happens, the defendant in your case may have to pay 90% of your damages.
Your attorney builds a body of evidence to help you prove you are not at fault for your accident. At the same time, they can negotiate a settlement. If the defendant in your case proposes a fair settlement, you can get compensation without having to go to trial.
Settling a Motorcycle Accident Lawsuit
The defendant in your lawsuit can propose a settlement at any point before your trial. If the defendant offers to settle, your Fairlawn motorcycle accident lawyer will let you know. Together, you and your attorney can examine a settlement proposal.
Your lawyer can advise you on what to do with an offer, but you make the final decision on it. If you are not happy with a proposal, you can decline it. In this scenario, you and your lawyer keep searching for ways to strengthen your case.
A settlement can be a viable option if you are offered sufficient compensation for your losses. If you approve a settlement, you get money from the defendant. Finally, your case is closed, and you can move on from your litigation.
Hire a Motorcycle Accident Lawyer Who Will Fight for Your Deserved Compensation
Gemma Law Associates, Inc. champions motorcycle accident victims, helping them secure the compensation they deserve. Our legal team is here to help you with your personal injury case. Contact us today to get started.
Call or text 401.467.2300 or complete a Free Case Evaluation form