Cumberland, MD Motorcycle Accident Lawyer

Motorcycle accidents in Cumberland often prove devastating for the rider. Fortunately, our attorneys are ready to help you file a lawsuit to get the compensation you need.

You likely have a basic understanding that lawsuits sometimes lead to trials but might not know how the circumstances of your case will play out during each phase of your claim. Our team can guide you. From what evidence you should collect at the scene to how we will investigate your claim further, our lawyers will walk you through each stage of your case. We can tell you how the evidence is likely to work during settlement negotiations. Our team will also be ready to use that evidence in court if we cannot settle, as well as prepare you to take the stand.

Call Rice, Murtha & Psoras today at (410) 694-7291 for a free review of your case with our motorcycle accident attorneys.

Understanding How a Motorcycle Accident Lawsuit Works in Cumberland, MD

Motorcycle accident lawsuits might seem complex at first glance, but they can be broken into distinct phases to help you better understand how yours is likely to go. Like any lawsuit, yours will begin when another driver negligently injures you. The next step is to investigate how it happened and who to file your lawsuit against. Our motorcycle accident attorneys can help you with that, as well as guide you through settlement negotiations. If we are unsuccessful during this phase, we will be ready to go to trial and argue your case to the court.

The Motorcycle Accident

The first phase of a legal claim begins with the accident. The scene of a motorcycle accident can be chaotic but will have evidence that can help you prove elements of your case. Physical evidence like debris is often strewn across the road. In most cases, road crews will get the physical damage cleaned away quickly after an accident, so you will want to preserve as much evidence as possible while still on the scene.

The best way to save this evidence for your case is by photographing it. In short, photograph everything. There is no telling what a picture might reveal to our lawyers, so you cannot take enough photos. You can start by taking pictures of your bike and the damage the other driver caused it. Also, photograph the other vehicle and the damage to it. That will show where the vehicles came to a final rest and the severity of the impact. After that, take pictures of important details of the scene. This includes nearby traffic lights, road markings, and anything else relevant to the crash.

You should also get pictures of your injuries, either on the scene or at the emergency room. This proves that you were actually injured and will preserve the severity of your injuries for your claim later. The next step will be to report your accident to the police so it can be investigated.

The Accident Investigation

The next step is to have the police investigate your crash. The police will examine the crash site and note relevant details that will be included in their accident report. You might not get a copy of the report on the scene, but our attorneys can help you obtain a copy later.

One important aspect of investigating a motorcycle accident is speaking to any witnesses involved. However, you might have been too injured to talk to witnesses on the scene. Fortunately, the police will interview witnesses. Their name and contact information should be included in the report. This is why having a copy of the report is often critical to a claim.

Our team will also do a comprehensive investigation of the scene for additional evidence that could be useful to your case. Depending on where your accident happened, it is possible it was captured on a nearby surveillance camera. Most businesses have security cameras set up, while more and more homes are being equipped with package cameras in the doorbell. Our lawyers will act quickly to request this footage from the camera owner so it is not deleted before obtaining it.

During this time, you should be getting treatment for your injuries. Start by visiting the emergency room, but be sure to continue any required medical treatment. The evidence already discussed will be used with your medical records to justify the damages in your claim.

The Lawsuit

Next, our attorneys will take the evidence we have gathered to that point and draft a complaint. The complaint is the formal document that details important information about your accident, how the defendant’s negligence caused it, and the damages you are requesting the court award. Gathering evidence during the investigation and maintaining your medical treatment is important because it substantiates the claims made in the complaint.

You also do not have an unlimited amount of time to file your complaint. As per Md. Code, Cts. & Jud. Proc. Art., § 5-101, you will only have three years from the date of your crash to file your lawsuit. This deadline does not usually present a problem if you get your case started right away.

The Settlement Negotiations

Once both sides have had a chance to collect the evidence they would use at trial, settlement negotiations can begin in earnest. This is a critical stage of your lawsuit and where most cases conclude. In fact, the majority of accident claims are settled out of court. During your negotiations, our team will use your evidence to argue the defendant’s liability and to convince the defendant’s attorney that going to trial would be much more costly than settling now.

However, the first offer is almost always lower than what you need. Insurance companies like to test the waters to see what you are willing to accept and your level of desperation for compensation. If you settle for less than what your claim is worth, you will not be able to recover additional losses later. When you settle, you will sign away your right to bring further claims for this particular accident. With our team by your side, you have a better chance of settling your lawsuit for what it is worth and in a timely manner.

The Trial

While most cases settle before getting to trial, some must be decided by the court. If the other side was unwilling to pay what was demanded, we can use the evidence we have collected and present it to a judge or jury. Juries tend to be more sympathetic to injury victims, but the defendant might try to use the fact that you were on a motorcycle against you. However, our lawyers will keep the trial focused on the facts and not personal biases.

Our Cumberland, MD Motorcycle Accident Lawyers Can Help

For a free case evaluation with our motorcycle accident lawyers, contact Rice, Murtha & Psoras by calling (410) 694-7291.