Can I Sue After a Motorcycle Accident?
Updated: Feb 24
More often than not, motorcycle accidents tend to be more severe than any other type of auto accident. As a result, if you’ve been injured in a motorcycle accident, you may be entitled to compensation for medical bills. And while you would usually file an injury claim, you also have the option to sue any liable parties.
But is suing after a motorcycle accident really worth it, or should you use other ways to get compensation?
Who Can I Sue After the Accident?
Before you can sue, you need to make sure you know exactly who is responsible for the accident, as you can only sue them. Usually, the responsible party can be:
A manufacturing company
A government entity
It’s important to note that in most accidents, the person you can sue is the driver. That could be the driver of either a car, bus, truck, or motorcycle. Additionally, some motorcycle accidents happen due to road-related conditions, like potholes, which means you can sue a specific government entity. And, if the accident is the result of a defective motorcycle part, the at-fault party can be the dealership or the manufacturer.
If you are not sure who you can sue, you should contact a lawyer. That’s because they will help you determine who is responsible for the accident and whether there were multiple parties involved. And remember that suing the wrong person can result in you losing the trial and any possible compensation.
You Might Not Need to Sue
You should understand that there is a big difference between filing an insurance claim and filing a lawsuit. While you could just sue the responsible party and fight your case in court, it’s usually a better idea to file a claim against the at-fault party’s insurance company instead. Not only is that faster, but it’s also less costly.
Even so, you can get compensation regardless of whether you file a claim or go to court. However, most motorcycle accident cases are resolved out of court, so keep that in mind. Additionally, going to court may not be financially worth it as the compensation doesn’t always cover the costs of the lawsuit.
When Should I Sue?
Although you don’t always have to sue, sometimes suing might be better than any alternative. But before you proceed with it, you should always consult with a motorcycle accident attorney in St Louis so that you know which option is the most advantageous for your case. And while every motorcycle accident case is different—such as your friend crashing your motorcycle, there are a couple of scenarios where lawyers recommend suing.
When You Suffered Severe Damage From the Accident
Generally speaking, motorcycle accidents are extremely serious, especially if they involve multiple vehicles. So, if you have suffered costly medical bills, property damage, or any other financial or physical loss, you might want to sue.
Even though there is more risk involved in filing a lawsuit, you can end up with higher compensation if you’ve suffered severe damage. But, to win the court case, you will need to have solid evidence that proves your losses. These are the kinds of details you first need to discuss with your lawyer, who will help you weigh the drawbacks and advantages of suing.
When the Insurance Company Doesn’t Cooperate
Sometimes, after filing a motorcycle accident claim, the insurance company might offer you less money than you deserve. Why? Because the company hopes that you are desperate enough to accept it, which will result in ending the case.
However, you shouldn’t take the first offer. In fact, you should negotiate with the adjuster to seek proper compensation. And, if the insurance company doesn’t want to adjust its offer, it might be a better idea to sue for the compensation you deserve. Just remember that lawyers are able to negotiate for an amount that’s fair to both parties.
By now, you should understand that suing is not the first option that people go for. As a matter of fact, filing a claim is the best and most effective way to get the proper compensation.
But if you still decide to sue the at-fault parties, you should first get professional help from an experienced legal team like the Powell Law Firm. Not only will we be able to analyze your case and determine if suing is the better option, but we can also prepare your case and represent you in court. And best of all, you can request a free consultation right now, which should help you decide if you need our help. If you are doubtful, learn more about how motorcycle accident lawyers work.