A motorcycle accident can be a life-altering experience. If you were hit by a negligent driver in a car, truck, or SUV, you might have suffered severe injuries or might now have a severe disability that makes it hard to return to work or take care of yourself. The law can hold the responsible driver accountable for the damages you and your family face, and our attorneys might be able to help.
For a free legal consultation on your motorcycle accident case, call Rice, Murtha & Psoras. Our Silver Spring motorcycle accident lawyers might be able to help you file a claim for damages to help pay for medical bills, lost wages, pain and suffering, and other damages from a serious motorcycle crash. To set up your free consultation, call our attorneys today at (410) 694-7291.
Damages for Motorcycle Accident Injuries in Silver Spring, MD
Motorcycle accidents can cause substantial injuries and financial harm. The injuries from a motorcycle crash can leave a victim paralyzed or cause other permanent injuries that could qualify as a disability and keep them from working. Even less life-changing injuries like broken bones or concussions can keep you out of work and cause financial distress. If you suffered economic losses from your injuries, you might be entitled to financial compensation.
Damages in a motorcycle accident case can account for the economic harms you face, such as lost wages and medical expenses. Lost wage damages can include compensation for wages that you missed while you were in the hospital. They can also include compensation for future lost wages and lost earning capacity. If you cannot do your job anymore and need to retire or take a lower-paying job with fewer physical requirements, you might be able to claim damages to make up the difference between your old wages and your new wages. You should also be able to claim compensation for any medical care, including the cost of transportation, crutches and ramps, and physical therapy.
Damages can also come from noneconomic harms. The most common damages for noneconomic harms come in the form of pain and suffering damages. These damages pay you back for the physical pain and discomfort as well as the emotional and mental harms you face.
Always discuss what your case might be worth with an attorney before accepting any money. If you take your case to court, you could be entitled to additional damages that you cannot get through an insurance claim. Moreover, insurance companies usually try to settle claims quickly for low amounts, so it is important to have your case reviewed to avoid settling too low.
Proving Fault in a Motorcycle Accident in Silver Spring
When your case goes before a judge and jury, the main issue they will need to decide is who was at fault for the crash. In many motorcycle accident cases, the motorcyclist is not responsible for the crash. Sometimes motorcyclists are accused of lane-splitting or other dangerous moves, but if you were driving safely when you were hit, the other driver should be found at fault.
Courts look at the totality of the circumstances when determining fault. That means they will look at what was safe or dangerous in the context of your accident to determine what the other driver did wrong. In many cases, there is a violation of traffic law that helps show fault. For instance, if the other driver was drunk or speeding, that can help prove they were at fault.
In Maryland, the law says that if a victim contributed to the crash, they cannot claim compensation. These rules are extremely unfair in many cases. Our attorneys will work to fight against counterclaims and accusations of contributory negligence.
Filing a Lawsuit for a Motorcycle Crash in Silver Spring
If you were injured in a motorcycle crash, your first instinct might be to file a claim with the at-fault driver’s auto insurance. In cases with mild injuries or property damage only, an insurance claim might cover the damages. In other cases, a lawsuit might be better for fully compensating your injuries. Insurance policies usually do not pay damages for pain and suffering, and many policies limit the compensation for medical bills and lost wages. To get full compensation, you might need to take your case to court instead.
In a lawsuit, your attorney will work to prove that the at-fault driver’s lacking care or skill caused the crash and that you suffered damages. The case must be proved “by a preponderance of the evidence.” This essentially means that the jury should believe it is more likely than not that your claim is true. This is a lower burden of proof than the “beyond a reasonable doubt” burden used in criminal cases.
After your case is filed, your lawyer will file documents with the court clarifying your claim and refuting counterclaims. Your case will then move to evidence collection through depositions and subpoenas for records and photos. Throughout your case, your lawyer will work to achieve a settlement that covers your damages. If a settlement is not reached, your case will proceed to trial. Testimony and evidence will be entered on the record, and the jury will decide whether the other driver was at fault. If they rule in your favor, a judgment for damages will be entered and the other driver will be ordered to pay your damages.
Your attorney can guide you through this process and answer any questions along the way.
Call Our Silver Spring Motorcycle Accident Attorneys for a Free Case Consultation
If you were involved in a motorcycle accident in Silver Spring or the surrounding areas, contact Rice, Murtha & Psoras today. Our Silver Spring motorcycle accident lawyers represent motorcycle injury victims and their families in lawsuits against at-fault drivers. For help understanding what your case might be worth and how to get the compensation you need, call our law offices today to schedule a free case consultation. Our phone number is (410) 694-7291.