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If a motorcycle or bicycle accident happens because of another party’s negligence or recklessness and you suffer injuries, you can file a lawsuit for damages. These accidents often occur when a car or truck driver is involved in a collision with a motorcyclist or bicyclist. A lawsuit requires proving fault to be eligible for compensation for your injuries.
There can be variety of motorcycle and bicycle incidents that need further investigation.
Including distracted driving, speeding, and failure to yield.
Including brake failures and tire blowouts.
Accidents caused by drivers under the influence of alcohol or drugs
Cyclists hit by car doors opening unexpectedly.
Specific legal criteria must be met to have a valid motorcycle or bicycle injury lawsuit, which includes five or six required elements:
The plaintiff must establish that the defendant owed a duty to exercise reasonable care to avoid causing harm to others on the road.
The plaintiff must show that the defendant breached this duty of care, such as by violating traffic laws, driving recklessly, or being distracted.
There must be a direct link between the defendant’s breach of duty and the plaintiff’s injuries. This requires demonstrating that the defendant’s actions, or lack of actions, directly caused the accident and subsequent injuries.
The plaintiff must have suffered actual damages as a result of the accident. These can include medical expenses, lost wages, property damage, pain and suffering, and other related costs.
The plaintiff must prove that the defendant’s actions, or lack of actions, were negligent and the defendant failed to exercise reasonable care under the circumstances.
In some cases, the defendant may argue that the plaintiff bears some responsibility for the accident. Damages can be reduced proportionally based on the plaintiff’s degree of fault, if any.
The statute of limitations is the length of time you have to file a lawsuit after an accident. It can vary by state, but in Hawaii, you have two years after the date of the injury to file a motorcycle or bicycle injury lawsuit. There may be some exceptions to the statute of limitations if the full extent of the injuries is discovered at a later date.
In motorcycle and bicycle injury cases, clients may be eligible to recover multiple types of damages, including:
This includes medical expenses, lost wages, including future earnings from a long-term or permanent disability, and property damage to the plaintiff’s motorcycle, bicycle, or other property.
This includes compensation for the physical pain and emotional suffering, loss of enjoyment of life due to the injuries, and loss of consortium, which includes the negative impact of the plaintiff’s relationship with their spouse or family members because of the injuries.
If a case is particularly egregious or malicious, punitive damages may be awarded to punish the defendant and deter similar behavior. These damages are less common and require proof of intentional misconduct or gross negligence.
A lawsuit cannot reverse your injuries. However, the legal process can help you find justice and heal while ensuring you are financially sound in the future. After an initial consultation, our experienced team will provide an honest assessment of whether your case has merit. If we can help, we assess all the evidence so you can receive fair compensation for the full extent of your loss.
Find quick answers to common questions about preparing for a motorcycle and bike injury consultation.
In Hawaii, you have two years after the date of the accident to file a claim. There may be some exceptions to the statute of limitations if the extent of your injuries were not immediately known.
If you believe your accident in Maui was preventable, you need to file a lawsuit with a lawyer in Hawaii.
Sadly, if an insurance company knows the party they represent is at fault, they may offer a low payout to settle the case quickly. If you are offered a settlement, it is always a good idea to consult with a lawyer to ensure that it is a fair offer that represents economic and non-economic damages, such as pain and suffering.
You should always prioritize your health and safety and seek medical attention first. If you can take photographs of the scene, collect contact information of witnesses, and document your injuries, that is extremely helpful. However, our legal team can also help with collecting evidence from police reports, witnesses, and more to advocate on your behalf.