Cranston Motorcycle Accident Lawyer

Motorcycle accident injuries are known for being severely debilitating. You could be dealing with a permanent disability that prevents you from being able to ride again or otherwise live your life normally. If someone else is responsible for causing your accident, you can demand they be brought to justice with help from a dedicated Cranston motorcycle accident lawyer from Gemma Law.

You are going to need a reputable Cranston personal injury lawyer you can depend on to fight for the fair compensation you deserve. The claims process may be overwhelming and intimidating, but with the right legal advocate on your side, you can successfully recover the compensation you are entitled to. Contact our law office with 50+ years of trial experience to request a free consultation today and learn more about which personal injury laws could have the greatest impact on the outcome of your case and who could be found liable for your damages.

Demand Full Repayment of Your Damages 

You should not be stuck paying for even one dollar in damages if someone else is responsible for causing your losses. Whether you file a claim with the insurance company or bring your case to trial, the liable party should be expected to compensate you for the total value of your damages. Here are some of the most common types of losses your Cranston motorcycle accident lawyer can help you recover:

• Pain and suffering
• Property damages
• Medical bills
• Loss of household services
• Emotional distress
• Lost wages

Punitive Damages 

You may also qualify for punitive relief. Under the General Laws of Rhode Island §10-7-7.1, this may be possible if the at-fault party’s wanton disregard for your safety or well-being was the cause of the injuries you sustained. However, not everyone will qualify, so consult Gemma Law to find out whether punitive damages apply in your case.

Cranston Motorcycle Accident FAQ

How Long Do I Have to File My Lawsuit?

Your motorcycle accident claim needs to be filed before the three-year statute of limitations expires. According to RI Gen. Laws §9-1-14, all Rhode Island personal injury lawsuits will generally need to be filed within three years of the date of the accident. However, extenuating circumstances may apply, allowing you additional time to file your suit.

Not everyone will require the statute of limitations to be tolled. If you have a delayed diagnosis, the driver who hit you flees the state, or your minor child is seriously injured in a motorcycle wreck, the statute of limitations countdown could temporarily pause. Once it resumes, the countdown will commence, and you will have exactly three years to file your claim.

What Are the Motorcycle Helmet Laws in Cranston?

There is no universal helmet law for all motorcyclists across Cranston and the state of Rhode Island. However, anyone who has not had their motorcycle license for more than one year must wear a motorcycle helmet at all times per the RI Division of Motor Vehicles. Anyone under the age of 21 is also required to wear a motorcycle helmet.

Those traveling as passengers on motorcycles are legally required to wear a helmet that is approved by the Rhode Island Division of Motor Vehicles. The helmet must be properly fitting and the passenger must have separate grips or handlebar, footrest, and rear seat. If you are unsure whether you are in compliance with the state’s motorcycle helmet laws, do not hesitate to consult your Cranston motorcycle accident lawyer for clarity and support.

What Happens if I Violate the State’s Motorcycle Helmet Laws?

Even though Rhode Island does not have a universal motorcycle helmet law, there are motorcycle helmet restrictions in place. Anyone found in violation of these laws could be fined $85 per General Laws of Rhode Island §31-41.1-4. However, it is not only the penalties that could have an impact.

If you do not wear a motorcycle helmet and are injured in a collision, you should expect the liable party to try to use this against you. They may argue that you have little to no regard for your own safety or well-being since you chose not to wear a motorcycle helmet. Since Rhode Island follows pure comparative negligence laws under RI Gen. Laws §9-20-4, your settlement could be reduced if you are partially at fault for the injuries you sustained.

What Injuries Are Most Common in Motorcycle Accidents?

Motorcycle accidents are known for causing some of the most debilitating types of injuries. While you may have the right to compensation for any type of impactful injury, your Cranston motorcycle accident attorney with Gemma Law sees certain types of injuries more often than others. Some of the most common types of injuries our clients deal with include:

• Broken bones
• Neck injuries
• Road rash
• Back injuries
• Amputation
• Paralysis
• Concussion
• Traumatic brain injuries
• Catastrophic injuries
• Spinal cord injuries
• Dental injuries and facial trauma
• Post-traumatic stress disorder (PTSD)

What Is the Burden of Proof in Civil Claims?

You may have concerns about proving the defendant’s liability. However, this is not a criminal court where guilt must be proven beyond a reasonable doubt. Instead, the burden of proof for civil claims is based on a preponderance of the evidence as described in 09-340M FV Erin Renee v. Promet Marine Services Corp.

The jury may still return a verdict in your favor if the evidence is clear and convincing. This means if the evidence convinces the jury that the defendant is more than likely responsible for the accident, they can still order them to compensate you for the total value of your damages. We will need compelling evidence, such as video footage of the collision, medical records, witness testimony, and reports from reconstructionists to help support your case.

Meet with a Community-Driven Motorcycle Accident Lawyer in Cranston

If your motorcycle injuries have had a profound impact on your life, you should not be stuck covering the costs when someone else is responsible for causing the collision. We do not believe you should be footing the bill for someone else’s negligence. Demand the fair compensation that is rightfully yours.

With the legal advocacy and support of a top-rated motorcycle accident attorney in Cranston from Gemma Law, you can make the liable party pay. When you are ready to take action but are unsure of where to begin, do not hesitate to contact a zealous legal representative from our firm to request a 100% free consultation. Complete our quick contact form or call us to get started on your insurance and civil claims as soon as today.