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Motorcycle Accident Questions

A motorcycle accident injury can be very difficult to recover from and cope with. It can also lead to a lot of expenses in the form of medical expenses and repair to the vehicle. All of this can be even more frustrating if the accident was caused due to another person’s fault. Not knowing if one can sue an at fault party in a motorcycle accident or claim insurance from the other party can add to all the frustration. It may not be easy sometimes to find information on what rights an individual may have in a motorcycle accident. Given below are common questions asked about an individual’s legal rights in a motorcycle accident.

What would a legal guardian’s liability be if his/her son’s motorcycle is involved in an accident?

If the individual who owns the motorcycle did not have a license, then the legal guardian would not have any liability if the individual’s motorcycle is involved in an accident. This is because the legal guardian would not have signed the individual’s license to be responsible for anything.

What factors would be considered when deciding the average amount to be paid to an individual in a motorcycle accident?

There may be a number of factors that may be taken into consideration when calculating the amount of money to be paid to an individual in a motorcycle accident. Some of these factors may include the medical bills of the individual after the accident, if there has been any loss in the individual’s wages as a result of the accident and any pain and suffering that the individual may have had to go through as a result of the accident.

Can an individual sue the owner of a property if his/her motorcycle accident is caused due to sand and gravel from the owner’s driveway that may have spilled over the road?

In most situations, the individual may not be able to sue the owner of a property if he/she had a motorcycle accident due to slipping over sand and gravel that was spilled onto the road from the property owner’s driveway. This is because it may not be considered to be negligence on the property owner’s part if the sand and gravel from his/her driveway spilled over onto the road. The individual may be able to sue the property owner if he/she is able to prove that the property owner had a “duty of care” to keep the roadway free from anything that may be dangerous to the drivers and he/she failed in that duty. However, most of the times, the property owners may not have that duty and most jurisdictions may not consider gravel dangerous. Hence, the individual may not be able to sue the property owner for medical expenses.

What is the statute of limitations to file a suit against an at fault driver in a motorcycle accident?

The statute of limitations to file a lawsuit against an at fault driver in a motorcycle accident may differ in different jurisdictions of United States. In some states like Florida, the statute of limitations to file a suit against an at fault driver is 4 years from the accident date.

What can an individual, who has been disabled in a motorcycle accident do if the at fault party’s insurance is not enough to pay for his/her medical bills?

If an at fault party’s auto insurance is not enough to pay for a disabled person’s medical bills in a motorcycle accident, he/she may also collect the medical expenses from his/her uninsured motorists coverage. However, he/she may only be able to get an amount that is within the policy limits under the uninsured motorists’ coverage. If that amount is also not enough, the individual may file for disability.

It may not be practical for you to hire an attorney just to get information about your rights and obligations in a motorcycle accident. Trying to find information about your legal rights in the wake of a motorcycle accident on your own may leave you feeling lost and helpless. It is best to seek the help of an Expert who can answer your various questions about motorcycle accidents in such a situation.
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