Motorcycle Accident Attorney
The motorcycle accident attorney left the hospital room after visiting his client, a young seventeen year old kid, barely hanging on to life after a car crossed the median and struck the biker head on. It's not a rare scene across the country, for over seventy five thousand bikers are injured every year, and over four thousand are killed. With the rise in gas prices, more and more motorcycles will be on the road, and these statistics are expected to climb dramatically in the years to come. One half of all motorcycle accidents are collisions with other vehicles, many occurding because the cycle is not seen by the other driver. One third of all cycle drivers who die lost their lives while speeding and one half of all fatal accidents on cycles were connected with illegal alcohol consumptions. In addition, One fourth of all fatalities on cycles were with drivers who did not have the proper licenses for the cycle, and in 2003, almost six hundred and fifty lives could have been saved with the use of helmets.
The motorcycle injury lawyer was an expert in the field of motorcycle accidents because the man had ridden a Harley almost every weekend for twenty five years. He was much attuned to the fine details in an accident report involving clients on motorcycles, and had made the cycle laws in his state of residence the highest priority. Through a thorough examination of the accident report the motorcycle accident attorney found out that the cycle driver had been driving normally and carefully, abiding the speed limit and flowing well with the traffic. In this case, it was a drunken driver who, having just left a neighborhood bar and was at two times the legal limit for impairment, fell asleep, crossed the median and struck the high school senior. Thanks to superb medical care and the prayers of his family, the young man recovered enough physically to know what had happened and to converse with family and friends, but was paralyzed from the waist down. He would miss his entire senior year in high school, and be unable to attend the university of choice in the fall. "The Lord openeth the eyes of the blind: the Lord raiseth them that are bowed down: the Lord loveth the righteous." (Psalm 146:8)
One of the most difficult hurdles that any motorcycle injury lawyers has is the often unspoken prejudice that the general public has about the character of cycle drivers. This perception has often been fueled by some cycle drivers who seem to love revving up a loud road machine in quiet neighborhoods, often dart in and out of traffic to gain advantage and often travel together in large numbers for weekend outings, sometimes blocking roads for miles. This particular motorcycle accident attorney knew the culture, the unspoken prejudices, the various makes and models of the machines and the law that protected the drivers of these two wheeled roadsters. The young man's family came to trust the barrister's expertise and knowledge and followed the attorney's advice carefully. The family genuinely felt that the barrister had empathy with the family, because of the attorney's own experiences riding a cycle so often.
A competent motorcycle accident attorney will do a number for things for the client. First, the law professional will deal directly with the insurance companies involved. Insurances companies can often attempt to draw out litigation cases for years, or offer a subpar settlement to ill informed victims. The law professional will talk to witnesses, takes important photos of injuries and accident locations, and if needed, will hire an accident reconstruction engineer or other professionals as needed. A motorcycle injury lawyer knows through long experience how much claim should be made against the person who caused the accident to occur. Factors going in to deciding the size of claim include, damage to personal property, payment of all medical bills and perhaps future ones as well and pain and suffering compensation.
A motorcycle injury lawyer will always advise a client not to talk to any insurance company and usually to a law enforcement officer unless he or she is present during the conversation. The law professional will also advise the client at the beginning of a relationship that there are no guarantees in terms of outcome of any case so that no false expectations are assumed. In most cases, a motorcycle accident attorney will work on a contingency fee basis. In this agreement, the victim never pays court costs or expert witness costs, but is paid by the law firm. The motorcycle injury lawyer is paid a sizable sum of the final court settlement, often a third of the award amount, but these fees are governed by state laws and state bar rules.
A law firm that specializes in two wheeled road machine accidents and has impeccable credentials will communicate constantly with each and every client, keeping both the victim and his/her family appraised of new twists and turns in the legal road, as well as updates on the progress of the case. When choosing a law firm to represent a cycle rider who has been injured or even killed, it is very important to seek out former clients who have used the firm and verify its competency, reputation, doggedness and caring approach. Do not be afraid to ask if the lawyer himself or herself is a cyclist, and how many cases have been won for other clients.
Bicycle Accident AttorneyThe most qualified bicycle accident attorney is one who familiar with the law and the life of a cyclist. Viewing an incident from the biker's perspective enables an astute bike injury lawyer to fairly assess a case and empathize with cyclists who have sustained serious injuries. Unless someone has actually maneuvered through busy city streets on two wheels, it is difficult to comprehend the perils of cycling. Metropolitan streets are a Mecca for cyclists, couriers, and commuters who regularly use a two-wheeled mode of transportation to save money on car fare or as part of the job. But some motorists are notorious for using unwary cyclists for target practice. While many accidents are just that, accidents; some drivers view cyclists as a public nuisance and may even resent the fact that bikers are allowed on the same roads and highways occupied by cars and trucks. Drivers may have a tendency to maneuver too closely to cyclists and are often unable to stop on short notice.
On the other hand, the diminutive stature of cyclists on a city street or interstate also makes them difficult to avoid in crowded traffic, especially when changing lanes. The smaller profile of a biker on a motorcycle or ten-speed prohibits even the most conscientious motor vehicle operator from seeing a cyclist before its too late. Motorcyclists often dart in and out of traffic, sometimes causing drivers of cars and trucks to sway or stop abruptly to avoid a collision. But whatever the reason for an accident, a good bicycle accident attorney can determine who is at fault and prepare a successful claim, in the case of an innocent cyclist. Sometimes individuals who are innocent are wrongfully blamed for crimes they did not commit. In the Bible, Judas Iscariot betrayed Jesus for 30 pieces of silver, although he knew that the Lord was not guilty of any sin. "Then Judas, which had betrayed Him, when he saw that He was condemned, repented himself, and brought again the thirty pieces of silver to the chief priests and elders, Saying, I have sinned in that I betrayed the innocent blood. And they said, What is that to us? see thou to that" (Matthew 27:3-4).
Because bicycles and motorcycles offer no protection from oncoming cars, cyclists can sustain some extremely life threatening injuries, particularly if not wearing a helmet and protective clothing, such as leather jackets and pants. Head injuries are most often fatal, even when cyclists wear helmets. The impact from a biker hitting the pavement, a brick wall, or another vehicle can cause instantaneous death, or injuries that are so debilitating that recovering is unlikely. Paralysis and brain damage can result from head trauma, spinal cord injuries, and severed or compressed nerves. Broken bones and lacerations are almost certain to occur. Unfortunately, bikers have no restraining device, such as a seatbelt, to keep from being propelled into the air upon impact; therefore, cyclists are more apt to suffer from catastrophic and life threatening injuries than automobile drivers and passengers. And because two-wheel drivers can sometimes act like road daredevils, a bike injury lawyer may have difficulty proving that the biker was not at fault.
Statistics also show that injured cyclists are usually awarded less money than victims of automobile or truck accidents. A bicycle accident attorney will have to work hard to dispel prejudices and preconceived notions about cyclists before attempting to win a case. Educating judge and jury about the life of a cyclist and the perils of bike riding on public highways and city streets should be a part of the injured client's defense. Those jurists who are riders themselves will empathize with the victim, while jurists who have negative feelings about cyclists in general would do well to be disqualified from duty. An astute bike injury lawyer will skillfully build a solid case which presents the facts of the case substantiated by eye witness testimony to sway jurists in favor of the client.
Because personal injury cases place the burden of proof on the plaintiff, or client, selecting a professional bicycle accident attorney is an important first step. Lawyers who are familiar with biking are most effective in presenting the case. Attorneys should have a good track record in winning settlements for injured cyclists. Victims of bicycle accidents can search the Internet to find competent attorneys, check with the local bar association for referrals, seek the advice of family, friends and coworkers, or browse a local business directory. A reputable bike injury lawyer should have references and a list of satisfied clients, hopefully those previously defended in similar cases. The Better Business Bureau will have information on law firms regarding prior customer complaints or arbitration. Victims should also log onto a law firm's website to study the kinds of services offered, information on partners of the firm, and suggested fee schedules. Most legal counselors waive fees for an initial consultation. Injured cyclists can expect to pay for legal assistance in several ways: on a retainer basis, a set price for a relatively unlimited number of services rendered during a specific time frame; at an hourly rate; or on a monthly payment plan.
Injured cyclists should seek not only damages for personal injuries sustained in a collision, but also repair or replacement of expensive bikes and motorcycles, lost wages, rehabilitation expenses, and emotional pain and suffering due to the trauma of having a catastrophic collision. Above all, a good bicycle accident attorney will advise cyclists of legal rights to pursue litigation against those who are responsible for life threatening or debilitating personal injuries. Bikers, though relatively insignificant to the general public, have a right to fair due process of the law; and their relative insignificance does not excuse the legal system from ignoring claims for equal representation and justice under the law.