Have you been injured in a Motorcycle Accident?
If you are injured in a motorcycle accident, you need to take quick action to protect your rights.
The statute of limitations for a personal injury action in Washington is just three years. If you are injured in a motorcycle accident, you should contact Earl and Edwards, PLLC as soon as possible in order to protect your rights. Our attorneys will evaluate your claim and help you decide if the matter should be brought to court. While some people think they can handle the matter themselves, this is unwise. It is a near-certainty that the driver who hit you will be represented by counsel. As will be seen below, a Washington motorcycle accident case is not as simple as “The driver was driving like a maniac-make him pay me!” You should not go into court alone. You should retain the experienced lawyers at Earl and Edwards to represent your interests and make sure you recover every penny you deserve.
Unfortunately, motorcycle accidents can result in serious injuries or death. That’s why it’s so important to ride with safety gear all the time. However, even if you do everything possible to protect yourself, you won’t be able to account for other vehicles out on the road. Some of the most common causes for motorcycle crash injuries include:
Motorcycles not being seen by other cars, whether in blind spots or lane changes,
Motorists that are not paying attention,
Other cars not being familiar with motorcycle laws,
Inclement weather or poor road conditions,
Left-hand turns by motorists across intersections (this is the #1 cause of motorcycle accidents).
Regardless of the cause of injury, having an established motorcycle accident law firm represent you is crucial. Understanding the details of the state, city, and even local motorcycle laws can play a huge role in getting you the proper compensation.
A common thing we hear clients tell us is “The driver was going 65 in a 50 mph zone. That means I win automatically, right?” Well, that is actually not the case. While the posted speed limit is a factor in Washington motorcycle accident cases, Washington courts have held that is not the sole deciding factor. The attorneys at Earl and Edwards are familiar with these doctrines.
In order to recover damages for injuries caused by a motorcycle accident in Washington, you must prove that the driver who hit you was negligent. In other words, you must prove that the driver did not use ordinary care in driving their car. In any negligence case in Washington, including motor vehicle accident cases, the plaintiff must prove:
1) that the defendant was negligent,
2) that the plaintiff was injured, and
3) that the defendant’s negligence was the proximate cause of the plaintiff’s injuries.
Unlike in a criminal case, this does not need to be proved beyond a reasonable doubt. The plaintiff need only show that it is more likely than not that the defendant was negligent, that they were injured, and that the defendant’s negligence was the proximate cause of their injuries. The attorneys at Earl and Edwards, PLLC are familiar with the elements of negligence in Washington motor vehicle accident cases and will examine your case to determine if there is a chance of recovery.
What if the driver who hit you was driving under the influence? In Washington, violation of the DUI statute is negligence per se: The fact that the driver was drunk is sufficient to prove negligence. The attorneys at Earl and Edwards know how to show the jury that the driver who hit you was DUI in order to get you the recovery you deserve.
If a driver does not use ordinary care in driving their car, and as a result of this someone is injured, the driver is liable for damages. In the event of a motorcycle accident and injury, you may be able to receive compensation for the following:
Payment for current or future medical bills,
Treatment for mental trauma or injuries/other damages,
Loss of wages or earning potential,
Decreased quality of life.
Of course, they can also be made to pay for the damage to the car they hit. The attorneys at Earl and Edwards, PLLC are experienced in proving damages to juries, so by retaining us, you will be sure of recovering what you deserve.
Could the driver get out of liability by claiming that you were riding your motorcycle negligently? In Washington, they can, at least partially. This is called contributory negligence (meaning the driver could claim that you were not using ordinary care in riding your motorcycle, which contributed to the accident). This could reduce the amount of damages they have to pay. The attorneys at Earl and Edwards, PLLC are experienced in handling and defeating contributory negligence claims.
As you can see, there are many factors to consider when you are injured in a motorcycle accident in Washington. You should retain experienced counsel who is familiar with the details of Washington negligence law as applied to truck accidents. The attorneys at Earl and Edwards fit that description. We will examine your case, determine how to prove the defendant’s negligence to the jury, determine what defenses the defendant could assert and how to defeat them, and show the jury what damages you suffered, so you can recover what you deserve.