Motorcycle accidents can be incredibly devastating to the victims who experience them. Unlike most motor vehicles, motorcyclists are often exposed to direct collisions with other vehicles on the road. While the injuries from a motorcycle accident can vary, amputation injuries can be some of the most debilitating. If you or a loved one has suffered from the injuries of the amputation of a toe, finger, hand, arm, foot, or leg as a result of a motorcycle accident you may be able to file a motorcycle injury lawsuit against the party responsible. At the top-rated Normandie Law Firm, our accomplished motorcycle accident attorneys can assist you in building your case and eventually claiming compensation. If you have any questions after reading this article, please feel free to contact our top Los Angeles law offices for a free consultation with an expert lawyer experienced in motorcycle accident claims.
Amputation Injuries
While amputations can occur as injuries, they can also occur intentionally as a form of medical procedure. Physicians perform amputation procedures as a way to stave off dangerous infections and treat deadly diseases like gangrene, diabetes, and cancer. However, amputations that occur wrongfully due to the negligent of another can result in lifetime damages. While this article is focused on motorcycle accidents causing amputations, some other common amputation causes are listed below:
- Automobile Accidents
- Agricultural Accidents
- Firearm/Explosives/Firework Accidents
- Electrocution Accidents
- Ring Traction Accidents
- Building and Car Door Accidents
Motorcycle accidents can be particularly devastating as they leave riders and drivers exposed to the full extent of force from collisions with other vehicles. Listed below are some of the common causes of motorcycle accidents:
- Motorcycles in Head-On Collisions: head-on collisions between a car and a motorcycle are often fatal to the motorcyclist. Crashes that involve motorcycles and other vehicles account for approximately 56% of all motorcycle deaths.
- Cars Making Left-Hand Turns: One of the most dangerous situations for motorcyclists to get caught in are when cars make left-hand turns. These collisions account for 42% of all accidents involving both a motorcycle and a car.
- Motorcycle Lane Splitting: Lane splitting is when a motorcycle drives between two lanes of stopped or slow moving cars. It tends to occur in traffic jams. Lane splitting is a common cause of motorcycle accidents due to: the proximity of the cars, the reduced space a motorcycle has to maneuver, the fact that cars don’t anticipate a passing motorcycle.
- Motorcyclist Speeding & Alcohol Use: Roughly half of all motorcycle accidents are caused by speeding or alcohol abuse. Due to the lack of protection motorcycles offer their riders, incidents involving speeding or alcohol are more likely to result in serious injury or death.
- Collisions Between Motorcycles and Fixed Objects: Motorcycle accidents involving fixed objects account for roughly 25% of all motorcyclist deaths. Once again this is because motorcyclists are often unprotected from the impact.
These are just a handful of incidents that cause motorcycle accidents. When these accidents occur and inflict injury on motorcycle riders or the passengers of other vehicles due to neglectful actions behind the wheel, the injured victims have a right to file a claim for compensation. Filing a lawsuit for a motorcycle amputation accident can often be tricky as there are a lot of details that go into proving the negligence of another driver. However, your best bet to filing a successful lawsuit is to seek out an experienced attorney to help you fight your case. Having a skilled lawyer on your side can mean the difference between filing a successful claim for compensation and having your case dismissed from court. At Normandie Law Firm, our skilled attorneys with experience in motorcycle accident cases can provide you with all the resources you need to fight and resolve your case.
Filing an Amputation Motorcycle Accident Lawsuit
The key to any motorcycle accident lawsuit, or any personal injury lawsuit for that matter, is to determine both which party is liable and the negligence of that specific party. However, in most cases, motorcycle accident injury claims end in settlement, and a large, majority of these claims usually end before they even go to trial. Sometimes, these claims are even resolved without there ever having been filed a lawsuit. This is because, at times, it is far easier to settle a case outside of court rather than dealing with the often taxing legal fees. This is especially true with minor auto accidents. However, in some instances, it is far more beneficial to take a case to court so the dispute can be heard before a judge and a jury.
As stated prior, the key to filing a successful lawsuit is to determine liability and negligence. Liability is described as the party at fault for the damages of the injured party. In regards to auto accidents, there is a variety of laws that determine fault that differs from state to state. In no-fault states like California, accidents that occur are usually paid for by the driver’s insurance policy. The only time wherein an insurance company would absolutely not cover a driver’s damages is if the accident involved drugs, alcohol or other criminal behavior. However, there are other instances where an insurer would still refuse to pay for the damages, in these cases, a lawsuit can be filed against the insurance company with the help of an attorney with experience handling motorcycle accident claims.
Within no-fault states, there are two thresholds where a lawsuit is allowed to be filed, and they are as follows:
- Monetary Threshold States: Accidents that cause exuberant medical expenses that surpass a particular threshold can proceed to lawsuit
- Verbal Threshold States: Accidents that result in specified categories of serious injuries can continue to lawsuit
Certain states have both monetary and verbal thresholds that must be met before a lawsuit can be filed against the at-fault party. The best way to determine what thresholds affect your specific state is to discuss your accident with an attorney who is experienced with the process. In instances where the threshold has been met, or in fault states, a car accident lawsuit can be filed against the at-fault party. However, as noted earlier, the key to any personal injury lawsuit is through proving the negligence of the other driver. Some essential elements of a claim of negligence are as follows:
- Duty: Every driver owes a duty to other drivers to ensure that they pilot their vehicle safely and competently. The injured party must able to prove that the other driver did not uphold this duty.
- Breach of Duty: The injured party must be able to show that there was a violation of this duty took place.
- Causation: The injured party must be able to show that the breach of duty caused the harm for which they are seeking compensation for.
- Damages: The injured party must be able to show that they endured actual damages. This can usually be shown through the presentation of medical bills, medical records, evidence of a loss of income, or evidence of a loss of future income.
Regardless of the details of your particular motorcycle accident amputation injury, it is highly recommended that you seek the advice of a qualified attorney with expertise in motorcycle injury lawsuits to guide you through the often arduous process of filing a motorcycle accident amputation lawsuit.
Free Consultation and Zero Fee Guarantee
If you or a loved one has suffered an amputation injury as a result of the negligence of another driver behind the wheel, you may be entitled to file a claim for compensation. At Normandie Law Firm, our team of well-versed attorneys is committed to ensuring every one of our clients has the resources to put up a fair fight for their amputation personal injury case. Contact us today to speak to an attorney who has experience in motorcycle accident lawsuits. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until we win their case. Already have an attorney and in need of a second opinion? Not to worry second opinion case reviews are also free under our policy. So, don’t hesitate, give our experienced lawyers a call, and we can discuss the accident, your damages, the aftermath, and the best path to getting you the compensation that you deserve.
