Motorcycle accidents cause serious fatalities that are of major concern to traffic authorities. Causing a motorcycle accident due to negligence is a serious traffic offense. One of the possible outcomes of negligence in motorcycle accidents is facing a lawsuit. Given the often overwhelming legal processes that follow motorcycle accident cases caused by negligence, it’s prudent for riders to avoid lawsuits as much as possible.
Here are some tips for being a safer rider and avoiding a possible lawsuit due to negligent riding on the road.
Obey Traffic Rules And Regulations
Law-abiding riders will rarely find themselves in situations where they’ll be involved in a lawsuit as a result of negligent riding. Following motorcycle traffic rules is a sure way of avoiding accidents and consequently, lawsuits.
Conversely, proving that a rider was negligent in a motorcycle accident requires a lawyer to determine the following elements:
(1) That it was necessary by law that a rider exercises care when on the road
(2) That the motorcyclist didn’t exercise care as was expected of him or her
(3) That the rider’s actions caused the victim’s injuries and damages
As long as an attorney can prove these elements against a rider in a motorcycle accident, he or she can be charged with negligent riding. In this regard, by obeying all the stipulated laws, you’ll avoid being careless or negligent as a rider and avoid a lawsuit.
Some of the laws you should always obey include riding at an appropriate speed, not riding under the influence of alcohol and other drugs, not splitting lanes and ensuring that your motorbike is in a good condition at all times.
Therefore, as long as you can obey the rules and regulations, you can avoid lawsuits due to negligence.
Being Insured At All Times
Insurance coverage is important especially in the event of a motorcycle accident. Depending on the type of insurance cover you purchase, you’ll be able to take care of any financial liabilities that arise from an accident.
More importantly, if the accident is because of negligence on your part, your insurance agency will be able to help you avoid a lawsuit. On the other hand. if you’re at fault in a motorcycle accident and you don’t have insurance, chances are high that you’ll have to face a lawsuit.
Depending on the injuries and damages sustained by the accident victim, he or she might not be patient enough to wait for a payout from your personal finances because this might take time.
Therefore, on the advice of his lawyer, the victim might opt to file a lawsuit against you so that you have a legal obligation to compensate him for the injuries and damages caused.
For this reason, it’s highly advisable you have adequate motorcycle insurance at all times. Accidents can happen at any time, whether they were unavoidable or through negligence. Hence, in order to avoid lawsuits and their outcomes, it’s imperative for riders to make sure that they’re fully insured.
Agreeing To An Out-Of-Court Settlement
Once you’re found responsible for negligence in a motorcycle accident, you have to take care of all the liabilities that come forth. The injuries and damages that the victim of the accident incurs will need to be financially taken care of.
For example, you have to pay for all the medical bills, losses and expenses for damage repairs. This is why motorcycle insurance is so important for all riders. If you’re adequately insured, your insurance agency will pay the required compensation to the victim.
Since the possibility of a court case in such a situation is high, what you should do to avoid a lawsuit is to agree to an out-of-court settlement between the parties involved.
There are various parties in a motorcycle accident arising from negligent use of your motorcycle. The parties include:
- The victim
- The victim’s lawyer
- Your insurance company
- Your lawyer
- And you
Consequently, in order to avoid a lawsuit, the parties have to agree to a settlement without going to court. In this case, your lawyer and your insurance company have to decide on a feasible payout. This needs to be sufficient to compensate the victim.
Usually, the facts and the details of the negligence case are on the table for negotiation. A successful negotiation will make it possible for you to avoid a lawsuit.
Hence, riders in negligence-related motorcycle accidents should consider an out-of-court agreement to avoid the often tedious and costly lawsuit processes.
Conclusion On How To Avoid Lawsuits
Motorcycle accidents due to negligent riders attract serious legal consequences. Since riders have a responsibility to protect other road users, any form of negligence amounts to a serious legal offense.
In this regard, all riders should take note that it’s important to avoid lawsuits. This is because of their overwhelming and resource-consuming nature. Therefore, by taking the above-mentioned points into consideration, riders can avoid lawsuits that arise from negligence-related motorcycle accidents.