If you were a passenger on a motorcycle and got into an accident, you may need information about filing an injury claim. Such information includes things like knowing who you can sue, proving the negligent person was at fault and knowing the lawsuit deadline. A Granite City, IL lawyer can address these topics with you and work with you. When working on a claim with a lawyer, you can rest assured that your attorney will handle the defense attorneys and insurance company while you can focus on recovering.
Who Are You Able to Sue If You Were Injured in an Accident as a Motorcycle Passenger?
You have the right to sue or submit a personal injury claim against the individual whose carelessness resulted in the accident that injured you. There are occasions where more than one mistake can lead to an accident. An example would be if the driver of the motorcycle you were on ran a red light and hit someone who was texting and driving. If either of them had not been so negligent, they could have prevented there from ever being an accident.
If there is just one vehicle involved, and it’s the motorcycle you were the passenger of, the driver can be held responsible for your injuries and the crash. The driver, however, is not presumed at fault until their negligence is proven. There are situations where the crash can be the fault of a different party. Say the motorcycle was recently taken to the shop to have something repaired and something breaks afterward on the road, causing an accident that results in your receiving an injury. In that scenario, the shop could be found liable for your injuries.
Establishing the Liability of The Party Who Was Responsible for The Accident
All four of these criteria need to be proven to hold the offending party responsible for your injuries as a passenger of a motorcycle:
•Causation: Carelessness alone is not enough to prove liability. The mistake needs to be the thing that directly caused both the accident and your injuries.
•Duty of Care: The offending party must have owed you the duty of care. Everyone who operates a vehicle on public streets is responsible for following traffic laws.
•Breach of Duty: A person is negligent when their actions fall short of what is required by law. A speeding driver or a driver who disobeys a traffic light is negligent.
•Measurable Losses: To pursue the responsible party for compensation, you must exhibit considerable amounts of damages. This is satisfied by bodily injuries.
Even if you are to meet all four criteria to show that the offending party was liable, waiting to act for too long can ruin your case.
Deadline for Suing
You could only have around a couple of years from the date the accident took place to file a lawsuit to seek money damages for personal injury sustained. Miss the deadline and you will lose the right to get the compensation you deserve forever.
Have you been a passenger in a motorcycle accident and have been injured? Looking to sue for money damages for your injuries? Call our team of experts at Brunton Law Office today and we can assist you with your case.