Do I need to contact an attorney after a car / motercycle accident?
Generally speaking, it depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, the answer is probably no. If you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different. It is important to look at the degree of the car accident and use your best judgment. A simple fender bender where no occupants are hurt can usually be appropriately handled through your insurer. Anything other than that deserves a bit more thought – especially in this litigious environment.
When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:
Run to an attorney when:
- An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
- A death has resulted from the accident;
- Fault is clearly an issue;
- Other parties were involved such as pedestrians or other autos;
- The accident occurred in a construction area;
- A police report does not accurately describe the accident and puts you at fault;
- Important technical, legal or medical issues are involved;
- The limits of your liability insurance are low,
- You have no insurance,, or your insurance company suggests that you did not pay your premium.
- Your insurer starts “acting funny.”
- Your insurer involves its own attorney (in this case, sprint!).
Walk to an attorney when:
- Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
- Unsure if other insurance (homeowners, travel, etc.) may be available;
- Fault may be an issue;
- Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
- Seeking information on how to handle negotiations with an insurer;
- You don’t know your rights;
- Confused over the terms of your policy;
- Needing an expert to review confusing paperwork or forms.
Motorcycles are less stable and less visible than cars. For that reason, they are more likely to be in a crash.
Motorcycle drivers or passengers are more exposed, both to general bodily injuryand to head injury, and their injuries are often more serious than a comparable impact involving autos.
Added to the mix are road surfaces and obstructions in the road, which can be far more devastating to a motorcyclist. Uneven payment transitions and poor surface create hazardous risks. Bad road design and hazards (street lights, blind corners, low curbing, speed humps, cobble stones, ruts, debris, uncovered drainage pits) are all perils.
There is also the emotional trauma of the event itself, especially if one flies over the handlebars or is dragged over rough pavement or gravel.
For the above reasons, motorcycle injuries are expensive because they tend tobe very serious and are typically awarded higher damages for pain and suffering beyond damages for actual medical costs or lost wages, where allowed by law.
Despite the validity of your claim, motorcyclists face an obstacle in the public perception that they are reckless drivers. It is important to address (and overcome) these negative prejudices. An insurance adjuster or opposing attorney may try to suggest that you at least share liability in causing the accident, and may try to put you on the defensive. In other words, regardless of whether there is a helmet law, if you didn’t wear one, they may try to paint a picture of you as being careless and contributing to your injuries.
Even if you did not sustain a head injury, they could argue that risk-takingbehavior, evidenced by not wearing a helmut, suggests that you might have contributed to your accident in some way. If possible, demonstrate an excellent driving record or give other evidence that you are law-abiding and responsible.
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