UNITED STATES—Unfortunately, accidents can occur at any given time. Motorcycle accidents are more common than regular car accidents, and when they happen the injuries for the motorcycle rider are often more serious. This is because there are more cars on the road than motorcycles and because the motorcycle doesn’t offer the same level of protection that another vehicle would.
When you are involved in a motorcycle accident, there is a good chance that you aren’t to blame. The most common causes of motorcycle accidents are reckless drivers, faulty bike parts, and dangerous road conditions.
When it comes to motor vehicle accidents, the occupants have a better chance of not getting injured because they are in an enclosed vehicle with airbags and seat belts present. Unfortunately, this is not the case with motorcycle accidents.
If you are suffering from severe injuries and the other party is responsible, you have the right to seek compensation. Hiring a lawyer increases the chances of getting a higher settlement. Unfortunately, a lawyer can also decline your case. Here are some of the reasons motorcycle accident lawsuits are declined.
You Didn’t Seek Medical Treatment
When you are injured in a motorcycle accident, you should seek medical treatment. By doing so, you will have proof that you suffered from injuries and are eligible for compensation. The type of injury you are suffering from can determine how your attorney will approach the motorcycle injury claims.
It is advisable to visit a doctor immediately after the accident. Otherwise, the defendant may claim that your injuries are a result of another accident. They can also claim that your injuries weren’t as severe as they are if you don’t have a medical record.
If an attorney notices that you do not have the necessary medical records, they won’t hesitate to decline your case. They need medical documentation to build a case.
They Don’t Handle Motorcycle Accidents
There are many different types of lawyers, and they don’t all handle motorcycle accident lawsuits. Even if a lawyer who isn’t experienced in these cases agrees to take your case, it’s not a good idea to have them represent you. Unfortunately, choosing the right lawyer can be challenging. The following are some useful tips to consider:
- Make sure the lawyer has successfully represented plaintiffs in motorcycle accident cases.
- Ask for referrals and recommendations from friends, family, and colleagues.
- Check the attorney’s online reviews and testimonials.
Even if an attorney handles motorcycle cases and has experience, it doesn’t mean they’ll accept your case. Lawyers only take on cases they believe they can win.
An Expired Statute of Limitations
A lawyer will be forced to decline your lawsuit if its statute of limitations has expired. The statute of limitations specifies the timeframe in which you can file a lawsuit after a motorcycle accident. How much time you’ll have will depend on the state.
It is advisable to file a lawsuit immediately after an accident. Some people wait to gather more information about the accident or see how the accident affects them before deciding to seek compensation. This can be a costly mistake, and if you miss this window no lawyer will take your case.
A Conflict Of Interest
When you hire an attorney to represent you, they will invest their time and resources to ensure that you get the settlement that you deserve. A motorcycle accident lawyer will decline your case if they realize they don’t have any rapport with you or they have a conflict of interest.
A conflict of interest can arise when the attorney is somehow involved with the other party. It could be because they have represented the other party before. An attorney will not accept your case if you have fired other lawyers that represented you earlier. If they took your case on contingency and you fired them, then they did plenty of work on your behalf and were not compensated.
You Are Partially Responsible For the Accident
The compensation you receive after an accident will depend on the percentage of fault and your state’s laws. If you are partially responsible for the motorcycle accident, recovering the claim’s full value may not be possible in some states. If you are going to receive little compensation, an attorney will not accept your case.