Taking your motorcycle out for a ride through Germantown, Mississippi, is one of the most exhilarating things you can do. Whether you are going for a ride to enjoy the breeze, riding the motorcycle as a mode of transportation to and from work, or to run errands, you deserve to be safe at all times. However, other drivers do not always look for motorcyclists, often causing serious accidents.
A Germantown motorcycle accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC can assist with filing a claim for compensation.
How Motorcycle Accidents Happen
A leading cause of motorcycle accidents is speeding. Speeding drivers have little to no time to react when they come across a motorcycle and that is if they are even looking for motorcycles on the roads around them. Other causes of motorcycle accidents include the following:
- Failure to yield at a stop sign, red light, or yield sign
- Drowsy, impaired, or distracted driving
- Not using headlights at dusk, nighttime, or predawn
- Violating traffic laws (illegal turns, speeding, tailgating, changing lanes without signaling, etc.)
Inclement weather can also play a role in motorcycle accidents. For example, drivers should not assume that motorcycles will not be on the road when it is raining, windy, or when other inclement weather occurs. Drivers must always be on the lookout for motorcycles. Slippery roads because of wet leaves, ice, snow, or rain can make it difficult to come to a safe stop when encountering motorcycles.
For a free legal consultation with a motorcycle accidents lawyer serving Germantown, call (901) 526-2126
Injuries Caused by Motorcycle Accidents
Motorcyclists can suffer traumatic injuries that lead to paralysis and even death. Even if the injuries you suffer in a motorcycle accident are not serious, you should still be compensated for your losses. You should not have to pay for medical bills, rehabilitative care, and renovations to your home out of your own pocket when injured in a crash.
The most common motorcycle accident injuries our motorcycle accident lawyers in Germantown handle include the following:
- Traumatic brain injuries
- Road rash
- Broken bones
- Eye injuries
- Internal organ damage
- Internal bleeding
While not an exhaustive list, you can see that a motorcycle accident can cause you to suffer a lot of pain. An experienced attorney can help you build a case against the at-fault party so they are held accountable for their actions.
Germantown Motorcycle Accident Lawyer Near Me (901) 526-2126
Proving Negligence in a Motorcycle Accident
In order to receive compensation for your injuries, you will need to prove negligence on the part of someone else involved in the motorcycle accident. Four elements of negligence need to be present in the crash that left you injured in order to show liability. The four elements include a duty of care, a breach of that duty of care, injuries, and damages.
You Were Owed a Duty of Care
The defendant in the crash owed you a duty of care if they were driving another vehicle when the accident happened.
The Duty of Care Was Breached by the Defendant
You must prove the actions of the defendant led to the duty of care being breached. The breach is determined by looking at how another person of reasonable mind would have acted in the same situation. If that person would have acted differently, the defendant breached the duty of care.
The Breach Caused Your Injuries
You will be required to prove that the injuries you suffered were the direct result of the breach of duty of care by the defendant. Some injuries you suffer in a motorcycle accident are obvious, such as broken bones, eye damage, and traumatic brain injuries. Others like depression, anxiety, and pain and suffering cannot be seen and are difficult to prove.
You Incurred Damages
The fourth element of proving negligence is that you incurred damages. You will need to show that you suffered losses because of the motorcycle crash. These losses can include any of the following:
- Lost wages
- Physical therapy
- Medical bills
- Cost to renovate your house to make it wheelchair accessible
Deadline to File a Claim
Under Mississippi law, you have just three years from the date of the motorcycle accident to file a claim against the at-fault driver. This is why you need to speak with an experienced Germantown motorcycle accident attorney from Gatti, Keltner, Bienvenu & Montesi PLC as soon as possible. The longer you wait to begin a claim, the higher the risk of having your case dismissed in the event that you do not file by the deadline.
Possible Worth of a Motorcycle Accident Claim
Every motorcycle accident claim is different, which means that there is no set worth to any claim without first reviewing all of the facts. The considerations that go into determining the value of a motorcycle accident claim include the following:
- The severity and extent of your injuries
- The length of time you spent in the hospital
- If you required surgery because of your injuries
- If you need rehabilitation or physical therapy
- The amount of prescriptions you need to handle pain management
- The amount of time you have missed or will miss at work because of your injuries
As with any type of personal injury case, it is important to discuss what happened with a Germantown motorcycle accident lawyer so you have a clear understanding of your chances of success and how much your case might be worth.
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Negotiating a Settlement and Preparing for Trial
A Germantown motorcycle accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC will work to negotiate a settlement with the at-fault party’s insurance company for your damages. If a solid settlement amount cannot be reached, our team will also prepare to represent you in court at trial. We do not shy away from fighting for our clients, whether at the negotiating table or in front of a judge.
Call a Motorcycle Accident Attorney in Germantown Today
If you suffered an injury in a motorcycle accident, no matter the seriousness, you deserve to be compensated for your injury. Medical expenses, unpaid utility bills, and other expenses will quickly pile up when you are unable to work. Call a Germantown motorcycle accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC today to schedule a consultation.