The decision to go to court after a motorcycle accident totally depends on you. However, sometimes, this may not be the right course of action.
Consulting the motorcycle accident attorneys at Levar Law and other top law firms can help you make the right decision. You need the help of these professionals to guide you based on your circumstances.
This article explains the instances where going to court for a motorcycle accident case is not a good idea. This knowledge would provide the foundation for your decision-making through the legal process.
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are more at risk than passengers in a car.
The agency recorded that motorcyclists are 22 times more likely to die in road accidents.
Another statistic says motorcyclists are four times more likely to be injured in accidents. However, this doesn’t mean the motorcyclist is always at fault in these accidents.
Luckily, going through the legal process can help them get the justice and compensation they deserve.
Motorcyclists can receive settlement through out-of-court negotiations. But negotiations fail due to numerous reasons. At this juncture, the victim has to decide whether to file a lawsuit or not.
Given below are some reasons a motorcycle accident victim may avoid a lawsuit.
Lack of Strong Evidence
The court demands evidence to support your claims and decide the result of your case.
You need evidence like witness statements, police reports, or medical records to pursue your case.
Also, insurance companies will review every detail before deciding the result of your claims. Hence, going to court without sufficient evidence of damages or fault may be a waste of time.
You risk losing the case without this information.
When You Get an Offer for a Fair Settlement
Sometimes, the settlement offer may be worth the trouble if the other party accepts fault.
The good thing is that the at-fault party’s insurance company may offer fair settlements for your trouble. These settlements are enough to pay for your damages.
The money offered may cover medical expenses, property damage, and lost wages. In this situation, it is best to accept the settlement to save time and stress.
You have a 100% chance of getting the amount offered as a settlement if you accept it. However, rejecting it brings your chances to about 50/50. This means you either end up with nothing or a higher amount than the initial offer.
When the Legal Fees Are Higher Than the Potential Profit
Taking motorcycle accident cases to court can cost a lot.
The cost of pursuing cases increases if you need the services of witnesses and expert witnesses like accident reconstruction specialists.
Before you know it, court fees, expert testimonies, and depositions are more than compensation. Taking your case to court may not be worth it unless you are certain the compensation will exceed this cost.
When Emotional and Time Costs Are Too High
Apart from the financial implications of going to court, there is the emotional burden. Reliving the incident during court trials, negotiations, and appearances can be emotionally draining.
The emotional impact is worse if the accident causes anxiety or trauma. In this case, it is best to settle out of court to reduce the emotional stress and get closure sooner.
When You Have Solid Evidence
Having solid evidence and accurate case records can put you at an advantage. This allows you to negotiate a settlement that can cover the cost of everything you want.
Unless you’re looking for more money, there is no need to go to court in this situation.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.
