What To Do After A Motorcycle Accident

On or about May 23, 2019, police stated that a Fairbanks motorcycle driver was killed when, driving at a high rate of speed, he was ejected from his bike and crashed into the trees. 

 

If he was speeding, is there a claim for his injuries and death?  Doesn’t seem so, especially when the police already seemed to have sabotaged his case. The Best Alaska Motorcycle Accident Lawyer might disagree.  

Such an attorney should ask whether or not there any evidence that the operator of the motorcyclist was in fact speeding and, even if so, was the “high rate of speed” appropriate under the circumstances?

Was there debris or another dangerous condition on the road that caused the incident, perhaps from a nearby construction site, so as to place liability on persons or entities that failed to keep the roads free and clean of debris and even?  

Although not typical in late May, of course, was there snow, ice or some other liquid on the road that the owner of the area neglected to clear or properly treat?

Was there a defect in the road?  A pothole or crack or uneven section?  Such a condition may also be a source of liability upon the owner of the road or municipality.

As such, even if the motorcyclist was traveling at high rate of speed, it does not mean he or she (or at least his or her estate) is without recourse.

So now you’ve been able to prove liability for this Wasilla Accident.  Before any recovery is realized, you will have to prove “damages,” the term for or the value of the injuries.

“Economic damages” are those that are essentially documented and, as such, are simpler to prove.  Falling under this category are medical expenses, hospital expenses, lost wages, pharmacy costs, property damage, rental cars, etc., all of which are typically provable through the submission of invoices and credit card bills.

“Non-economic damages,” such as pain and suffering and loss of services are attempted to be proven through personal testimony, the amount of time spent in the hospital, at home and out of work, how a victim’s regular activities are negatively impacted, and similar factors.  These are all subjective and, therefore, it is important to create the most serious “sob story” you can.

In the wrongful death case, where an estate representative brings a claim on behalf of the estate of the person that passed away due to the motorcycle accident, damages are recoverable for (a) pre-death pain and suffering (known as a “survival” claim), (b) medical treatment costs prior to the person’s death, (c) funeral and burial costs, (d) loss of the deceased’s income, (e) loss of inheritance, if any, (f) loss of services, (g) loss of care/guidance/nurturing, (h) loss of love/companionship, and (i) loss of consortium.  

It goes without saying that motorcycle accident lawsuits present many challenges that may not be relevant to other types of personal injury claims, which is why retaining the best accident lawyer is of great importance.  So if you or someone you love is injured in an accident, don’t try to go it alone.

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