Medical expenses are always the primary concern of folks who are injured, followed by wage loss, which we can recover in Montana prior to final settlement, if liability is reasonably clear. We focus on making sure that our client’s medical bills get paid, and their wage loss is replaced as soon as possible. The injured person can recover not only their lost wages and earnings, but also potentially lost earning capacity. Also, pain and suffering, recover for the permanent injury, lost course of life, and other economic and noneconomic damages are possible.
Whether or not you have a case depends on who got the ticket, and what the ticket is for, whether it relates to the cause of the crash. The best case scenario is when the other driver is cited for a traffic citation that relates to the cause of the wreck. If the motorcycle rider was cited for, for example, failure to provide proof of insurance, that does not bar the claim in Montana, and it does not prevent the person from recovering their damages against the at-fault party. In some states (like Oregon), it can limit the person’s recovery if they do not have liability insurance of their own.
While it does not limit damages if the motorcycle rider is cited for a moving violation, if they are cited for failure to yield the right of way or something that contributed to the crash, then that can be problematic. It is important to consult with an attorney who can give you advice and determine whether or not the claim can proceed. Just because the insurance company for the other driver says that they are not paying, or that the collision is your fault, does not necessarily mean you do not have a claim.
If you are only partially at fault, and if you are less at fault than the other party, then you still may be able to recover at least some of your damages.
Motorists do owe a duty of care to motorcyclists. Most motorists simply do not follow their duties and responsibilities to motorcycle riders, and may not be aware of them. They do not understand their responsibilities to treat them with the same regard and courtesy as they do other motor vehicles. This is the cause of many terrible motorcycle wrecks.
You should file a claim with the insurance company as soon as possible, by both notifying your own insurance company of the loss, and then notifying the insurance company for the other driver. However, in Montana, you can have up to three years to file a lawsuit, but that does not mean you should not present the claim or hire an attorney as soon as possible after the injury and immediate treatment. It is still critical that you contact an attorney as soon as possible once you have suffered a significant injury, and that you do not wait until the last minute, because that can have a significantly negative impact on your case.
Motorcycle riders have the same rights to the road, and the same rights to be compensated for their injuries and property loss, as an automobile driver.
For more information on Damages In A Motorcycle Accident Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling Bliven Law Firm, P.C. at (406) 755-6828 today.