Motorcycles and Distracted Drivers: A Dangerous Combination

Motorcycling is dangerous, and veteran motorcyclists admit it. If a distracted driver injures you while you’re motorcycling in the State of Delaware, schedule a consultation at once to discuss your options and rights with a Delaware motorcycle accident attorney.

In 2021, a total of over 83,000 motorcyclists and motorcycle passengers sustained injuries in the United States. The survivors of motorcycle crashes frequently suffer catastrophic injuries – for example, injuries that require amputations, spinal cord injuries, and traumatic brain injuries.

If you are injured on a motorcycle in Delaware, and if a distracted driver is at-fault for the accident, how can you recover compensation? What steps will you have to take? How will a Delaware motorcycle accident lawyer help you recover damages from the at-fault driver?

What Are A Motorcyclist’s Rights After an Accident?

Under the law in Delaware, motorcyclists and motorcycle passengers who are injured by negligent and distracted drivers are entitled to compensation for their injury-related medical costs, lost earnings, personal suffering, pain, and other damages.

Should you be injured by a distracted driver while you’re motorcycling in Delaware, arrange promptly to consult an accident lawyer to discuss your rights and particularly your right to compensation. If you and your lawyer agree to proceed with legal action, your lawyer will:

  1. investigate the crash to determine exactly how it happened and how you were injured
  2. examine the evidence, review the medical and police reports, and speak to any witnesses
  3. handle the required legal paperwork on your behalf
  4. begin negotiating with the at-fault driver’s insurance company for your compensation

To determine which party has liability, every detail of a motorcycle accident must be scrutinized. When the liable party is identified, your lawyer will prepare a strategy for recovering the compensation you require for your medical treatment and your other injury-related losses.

What Steps Should a Motorcyclist Take After a Crash?

In the aftermath of a motorcycle collision, if you are able, and if you haven’t been incapacitated, you will need to take these steps or ask someone to take these steps for you:

  1. Summon medical assistance and the local police. That’s the first priority.
  2. Trade insurance and personal contact details with the driver of the other vehicle.
  3. Take photos of the damages, the accident location, and your own visible injuries.
  4. Ask for the names and personal contact details of any witnesses.
  5. Be certain that you get the other driver’s license plate number and vehicle description.

Ask the police how and when you can acquire a copy of their written report. If you pursue compensation for damages, that police report will be important evidence. Witness statements and photos can also be persuasive evidence that may lead to a quick settlement of your claim.

Why is Having a Medical Examination So Important?

You may feel perfectly healthy after a motorcycle accident, but unless you are examined at the scene of the accident or taken to an emergency room, you should undergo a medical examination within twenty-four hours of the crash.

That examination is necessary to determine if you’ve sustained a latent or difficult-to-detect injury, and it establishes the medical documentation that will be required if you subsequently bring a personal injury claim.

How Will Your Case Be Handled?

Your attorney will speak to your doctor and possibly other medical authorities to determine the extent of your injuries. Do not speak with the at-fault driver’s insurance company, make a statement, or take a first settlement offer. Instead, let your lawyer do the talking and negotiating.

If a distracted driver is at fault for your injury, your Delaware motorcycle accident attorney will negotiate with that driver’s insurance company for an acceptable settlement amount. Most motorcycle injury claims in Delaware are resolved through private, out-of-court negotiations, so most motorcycle injury victims do not even have to appear in a courtroom.

But if liability for your crash is in dispute or if no appropriate settlement amount is offered, your case will go to trial, where your lawyer will tell a jury how and to what extent you were injured and why the jury should order the at-fault driver’s insurance company to compensate you.

When Should You Seek an Attorney’s Help?

With only narrow exceptions, the statute of limitations in Delaware – the deadline – for filing a personal injury claim is two years from the injury date, but do not wait two years or even two weeks to set up a meeting with a personal injury lawyer after you’ve been injured motorcycling.

If your injury is serious, you will probably be unable to work, so you need to take action right away. Moreover, your lawyer needs to examine the evidence in your case before it’s lost or altered, and your lawyer also needs to speak with the witnesses before their recollections fade.

After a motorcycle accident, make the call to a Delaware motorcycle accident lawyer immediately after you’ve been seen by a medical provider and treated for your injury or injuries.

Why Should You Take Your Motorcycle Accident Case to Schwartz & Schwartz?

If you’ve been injured by a distracted driver in a motorcycle accident, you should be represented by a personal injury attorney who:

  1. has considerable experience demonstrating how motorists can be distracted and negligent
  2. understands how to negotiate with automobile insurance companies
  3. knows how to prevail with your personal injury claim if the case goes to court
  4. fights effectively for the injured victims of negligence

The legal team at Schwartz & Schwartz represents injury victims in Delaware, Maryland, New Jersey, Pennsylvania, and the District of Columbia. We know what it takes to recover compensation for the injured victims of distracted drivers, and our record speaks for itself.

If you bring a motorcycle accident claim, you’ll owe no lawyer’s fee to Schwartz & Schwartz until we recover your compensation with a jury verdict or a private settlement. Find out more – or begin the personal injury process now – by calling Schwartz & Schwartz at 855-847-8437 to schedule an in-depth, no-cost evaluation of your case with no obligation.